UNITED STATES DISTRICT COURT DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: __1__2_/8__/2_0__2_3___ ---------------------------------------------------------------X OBREIGHT INGRAM, : : Plaintiff, : : : ORDER OF DISMISSAL -v- : : 22-CV-10149 (JLC) : INTERNATIONAL ASBESTOS REMOVAL, : INC., CHIRSTOPHER GRANDO, : KAREN GRANDO, and THOMAS : HUGHES, : : Defendants. : ---------------------------------------------------------------X

JAMES L. COTT, United States Magistrate Judge.

WHEREAS, the parties came before me for a settlement conference on November 16, 2023, were represented by experienced counsel, and reached a settlement in principle; WHEREAS, the parties have now consented to my jurisdiction over this case under

(c) for all purposes (Dkt. No. 53); and WHEREAS, the parties have filed a stipulation in which plaintiff has voluntarily withdrawn and seeks to dismiss with prejudice his claim under the Fair Labor Standards Act (“FLSA”),1 and the Court has approved and “so ordered” the stipulation after review under Cheeks v. Freeport Pancake House,

(2d Cir. 2015) (Dkt. No. 55);

1 Of the 11 causes of action alleged in the complaint, only one (the eighth cause of IT IS HEREBY ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, but without prejudice to the right to reopen the action within 45 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 45 days of the date of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 45-day period to be “so ordered” by the Court. Any pending motions are moot. The Clerk is directed to close this case. SO ORDERED. Dated: December 8, 2023 New York, New York

: □□ Lf A L. COTT (“4 States Magistrate Judge