USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK Boca NALLY FILE 1 . KEVIN YAN LUIS, on behalf of himself and all others DATE FILED:_12/8/2023 | similarly situated, Plaintiff, 1:23-cv-6624-MKV against- ORDER OF DISMISSAL VESSEL FWP LLC, Defendant. MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Defendant 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 January 8, 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., 356 F.3d 492, 494 n.1 (2d Cir. 2004). SO ORDERED. 7 K. (/ ref Date: December 8, 2023 MARY Y KOCI New York, NY United States District Judge