USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT EY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 11/6/2023 ERVIN RIVERA, Plaintiff, -against- 1:23-cv-05353-MKV METROPOLITAN TRANSPORTATION ORDER OF DISMISSAL AUTHORITY AND METRO NORTH RAILROAD, Defendants.

MARY KAY VYSKOCIL, United States District Judge: The Court has been advised by the mediator that the court-ordered mediation in this case was held and agreement was reached on all issues. [ECF No. 12]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court’s calendar if the parties are unable to memorialize their settlement in writing and as long as the application to restore the action is made by December 6, 2023. Ifno such application is made by that date, today’s dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc.,

, 494 n.1 (2d Cir. 2004). SO ORDERED. | Lys (/ Date: November 6, 2023 MARY Y VYSKOCI New York, NY United States District Judge