USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 1/12/2024 JACQUELINE CLAY, Plaintiff, -against- 1: 23-cv-07562-MKV EXPERIAN INFORMATION SOLUTIONS, INC., ORDER OF DISMISSAL EQUIFAX INFORMATION SERVICES, LLC, AGAINST DEFENDANT TRANS UNION LLC, KOHLS DEPARTMENT BURLINGTON 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 Burlington Stores Inc. (“Burlington”) only have reached a settlement in principle [ECF No. 61]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued against Defendant Burlington only without costs to either party and without prejudice to restoring the action against Defendant Burlington to this Court’s calendar if Plaintiff and Defendant Burlington are unable to memorialize their settlement in writing and as long as the application to restore the action is made by February 12, 2024. If no such application is made by that date, today’s dismissal against Defendant Burlington only is with prejudice. See Muze, Inc. v. Digital On Demand, Inc.,

, 494 n.1 (2d Cir. 2004).

SO ORDERED. | Lys (/ Date: January 12, 2024 MARY KAY VY$KOCI New York, NY United States District Judge