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15-823 - Coffee Mania, LLC v. Coffeemania Bryant Park, LLC


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15-823 - Coffee Mania, LLC v. Coffeemania Bryant Park, LLC
July 8, 2016
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ORDER OF DISMISSAL BY REASON OF SETTLEMENT: This case is hereby dismissed and discontinued in its entirety, without costs, and without prejudice to the right of any party to reopen this action within 60 days of the date of this Order if the settlement is not consummated. Counsel are directed to file either a Stipulation of Dismissal or a Status Report within 60 days of the date of this Order. Any application to reopen this case must be filed within 60 days of the date of this Order. The dismissal of this action shall become with prejudice on the sixty-first day following the date of this Order unless any party moves to reopen this case within 60 days of the date of this Order upon a showing that the settlement was not consummated or the Court extends the 60 day period prior to its expiration. Signed by Senior Judge Frederick J. Scullin, Jr. on 7/8/2016. (nmk)
August 8, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's #45 motion to reopen this action is GRANTED. The Court further ORDERS that Defendant's # 46 cross-motion to enforce the parties' settlement agreement is DENIED because no such agreement exists. The Court further ORDERS that, if Plaintiff wishes to file a motion for leave to amend its amended complaint, Plaintiff shall do so within 20 days of the date of this Memorandum-Decision and Order. The Court further ORDERS that Defendant shall file its opposition to any such motion within 14 days of the date on which Plaintiff files its motion. The Court further ORDERS that Plaintiff shall file its reply, if any, in further support of any such motion within 8 days of the date on which Defendant files its opposition to said motion. The Court further ORDERS that this matter is referred to Magistrate Judge Peebles for all further pretrial matters. Signed by Senior Judge Frederick J. Scullin, Jr. on 8/8/2017. (nmk)