Mendez v. Banks

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BOC dy FIRED

EILEEN MENDEZ, as Legal Guardian of A.C, et DATE FILED: 9/19/2023 _ al., Plaintiffs, -against- 1:22-cv-8397 (MKV) DAVID C. BANKS, in his official capacity as ORDER OF DISMISSAL Chancellor of the New York City Department of Education, and NEW YORK CITY DEPARTMENT OF EDUCATION Defendants.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Defendants informing the Court that the parties have reached a settlement in principle. [ECF No. 65]. 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 18, 2023. If no such application is made by that date, today’s dismissal of the action 1s with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004).

SO ORDERED.

Date: September 19, 2023 SIARY aEAY Selly New York, NY United States District Judge