SUINI DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 2/14/2024 JOSEPH VOLFMAN, Plaintiff, 1:23-cv-10591-MKV -against- OSTERIA PIEMONTE CORPORATION d/b/a San ORDER OF DISMISSAL Carlo and HOSKOB ASSOCIATES LLC, Defendants.

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 March 14, 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).

Date: February 14, 2024 MARY WAY VYSKOCI New York, NY United States District Judge