USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC DATE FILED:_12/21/2023 _ FELIX CASTRO, on behalf of himself and all others similarly situated, Plaintitt, 1:23-cv-7573-MKV “against- ORDER OF DISMISSAL MAJOR SURPLUS AND SURVIVAL, INC., Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have reached a settlement in principle [ECF No. 10]. 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 21, 2024. 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. K. Lys (/ Date: December 21, 2023 MARY VYSKOCIL New York, NY United States District Judge