Weekes v. Uncommon James, LLC ( 2022 )

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #:___ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 9/1/2022 ROBERT WEEKES, Individually, and On Behalf of All Others Similarly Situated, Plaintiff, 1:22-cv-00938-MKV “against- ORDER OF DISMISSAL UNCOMMON JAMES, LLC, 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. 16]. 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 1, 2022. □□ □□ such application is made by that date, today’s dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). Defendant’s motion to transfer this action to the Middle District of Tennessee pursuant to 28 U.S.C. § 1404(a) [ECF No. 10] is DENIED as moot. SO ORDERED. | Lys (/ Date: September 1, 2022 MARY KAY VYS$KOCI New York, NY United States Distfict Judge