UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . DOC #: DAMON JONES neal of hind a Dar aD TOI Plaintiff, 1:23-cv-07969-MKV ~against- ORDER OF DISMISSAL LENNYS SHOE & APPAREL, INC., Defendant.

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. 14]. 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 February 9, 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). Any request for extension must be made by letter filed on ECF at least 48 hours before the deadline. IT IS FURTHER ORDERED that the Initial Pretrial Conference scheduled for January 19, 2024 at 3:00 PM is ADJOURNED sine die.

SO ORDERED. | i / lene Date: January 10, 2024 Mig yl New York, NY United States District Judge