UNITED STATES DISTRICT COURT 9/10/2025 SOUTHERN DISTRICT OF NEW YORK MYKAYLA FAGNANI, Plaintiff, 1:25-cv-05193-MKV -against- ORDER OF DISMISSAL MAUI BABE, INC., Defendant. 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. 9]. 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 October 10, 2025. 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). The Clerk of Court is respectfully requested to terminate the motion pending at docket entry nine and to close this case. SO ORDERED. _________________________________ Date: September 10, 2025 MARY KAY VYSKOCIL New York, NY United States District Judge