Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

---------------------------------------------------------------------- X

:

HILLSIDE LOUNGE INC., :

:

Petitioner, :

:

-v- : 25-CV-10239 (JMF)

:

BROADCAST MUSIC INC., : ORDER OF DISMISSAL

:

Respondent. :

:

---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge:

The Court having been advised at ECF No. 16 that all claims asserted herein have been

settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED

and discontinued without costs, and without prejudice to the right to reopen the action within

sixty days of the date of this Order if the settlement is not consummated.

To be clear, any application to reopen must be filed by the aforementioned deadline;

any application to reopen filed thereafter may be denied solely on that basis. Further, requests

to extend the deadline to reopen are unlikely to be granted.

If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any

settlement agreement, they must submit the agreement to the Court by the deadline to reopen to

be “so ordered” by the Court. Per Paragraph 5.B of the Court’s Individual Rules and Practices

for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to

enforce a settlement agreement unless it is made part of the public record.

Notwithstanding the foregoing, if the settlement in this action requires judicial approval

— for example, because it involves a class action, see Fed. R. Civ. P. 23(e), “an infant or

incompetent person,” see Local Civil Rule 83.2(a), or claims under the Fair Labor Standards Act,

29 U.S.C. § 201 et seq., see Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir.

2015) — the parties must file a letter within three business days of the entry of this Order

alerting the Court and proposing a schedule for seeking such approval.

Any pending motions are moot. All conferences are canceled. The Clerk of Court is

directed to close the case and to terminate ECF No. 16.

SO ORDERED.

Dated: April 17, 2026

New York, New York

SSE RMAN

ited States District Judge