Clay v. Experian Information Solutions, Inc.

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED:_12/27/2023 JACQUELINE CLAY, Plaintiff, -against- 1: 23-cv-07562-MKV EXPERIAN INFORMATION SOLUTIONS, INC., | ORDER OF DISMISSAL AGAINST EQUIFAX INFORMATION SERVICES, LLC, DEFENDANT KOHLS TRANS UNION LLC, KOHLS DEPARTMENT DEPARTMENT STORES, INC. STORES, INC., BURLINGTON STORES, INC., and NISSAN NORTH AMERICA, INC., Defendants.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Plaintiff informing the Court that Plaintiff and Defendant Kohls Department Store, Inc. (“Khols”) only have reached a settlement in principle [ECF No. 52]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued against Defendant Kohls only without costs to either party and without prejudice to restoring the action against Defendant Kohls to this Court’s calendar if Plaintiff and Defendant Kohls are unable to memorialize their settlement in writing and as long as the application to restore the action is made by January 27, 2023. If no such application is made by that date, today’s dismissal against Defendant Kohls only is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004).

SO ORDERED. | Lys (/ Date: December 27, 2023 MARY Y VY$KOCI New York, NY United States District Judge