USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 12/14/2023 REBECCA MARLOWE, Individually and as Executrix of the Estate of Erin Kelly, Plaintiff, 22-cv-3284 (MKV) -against- ORDER OF DISMISSAL WEBMD, LLC and NEW YORK LIFE GROUP INSURANCE COMPANY OF NY, Defendants.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Defendant informing the Court that the parties have reached a settlement in principle. [ECF No. 54.] 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 January 19, 2024. If no 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: December 14, 2023 MARY Y VYSKOCIE New York, NY United States District Judge