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JULIUS H. SCHOEPS, EDELGARD VON LAVERGNE-PEGUILHEN, and FLORENCE KESSELSTATT, Plaintiff, v. THE MUSEUM OF MODERN ART, and THE SOLOMON R. GUGGENHEIM FOUNDATION, Defendant.

ORDER

JED RAKOFF, District Judge

Based on the unequivocal representations of the parties through their duly authorized counsel that they have stipulated to the unconditional dismissal of this case with prejudice, see transcript February 2, 2009; see also Letter from John J. Byrne, Jr. and Gregory P. Joseph to the Honorable Jed S. Rakoff dated January 31, 2009, this case is hereby dismissed with prejudice. The Court, with the parties' consent given in open court, see transcript February 2, 2009, will retain jurisdiction for the limited purpose of determining whether the executed final settlement — which is to be submitted to the Court in camera within 30 days, see transcript February 2, 2009 — is to be made public or, as the parties request, to be filed under seal.

SO ORDERED.

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SCHOEPS v.MUSEUM OF MODERN ART
(Feb 2, 2009)