USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT DOC ALLY BILED SOUTHERN DISTRICT OF NEW YORK DATE FILED-1/10/2023 LUIS TORO, individually and on behalf of others similarly situated, Plaintiff, 1:22-ev-8281-MKV -against- ORDER OF DISMISSAL THE NORDIC SHOPS, 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. 13]. 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 February 10, 2023. □□ □□ 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). SO ORDERED. / / ky Date: January 10, 2023 MARY KAY VYSKOCIU New York, NY United States District Judge