UNITED STATES DISTRICT COURT USDC SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED DAMON JONES, on behalf of himself and all DOC #_ others similarly situated, DATE FILED: __2/28/2024 _ Plaintift, 1:23-cv-9236-MKV “against- ORDER OF DISMISSAL BY THE YARD, INC., Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by defense counsel “with the consent of plaintiffs’ counsel” informing the Court that the parties have reached a settlement in principle [ECF No. 12]. 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 28, 2024. Ifno 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.

Date: February 28, 2024 MARY/IAY ; rho i New York, NY United States District Judge