UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: RAFAEL MARINELLI, DATE FILED: 10/10/2024 Plaintiff, 24-cv-4746 (MKV) -against- ORDER OF DISMISSAL IVY REHAB PHYSICAL THERAPY PLLC, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a joint letter, filed by defense counsel, stating that the parties have reached a settlement in principle [ECF No. 17]. 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 November 10, 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: October 10, 2024 MARY VYSKHOCIL New York, NY United States District Judge