*1 Present: VANASKIE, GREENBERG and COWEN, Circuit Judges 1. Motion filed by Appellant to amend the Judgment.

Respectfully, Clerk/tyw ORDER The foregoing motion is granted. The August 25, 2016 Order of this Court is amended by vacating the remand of this matter to the District Court. The Clerk of Court is directed to mark this appeal closed based on the settlement reached by the parties. ^[1]

By the Court, s/ Thomas I. Vanaskie Circuit Judge Dated: December 7, 2016

tyw/cc: Mark B. Frost, Esq.

Ryan M. Lockman, Esq. Anthony V. D’Elia, Esq.

Victor A. Afanador, Esq. Roosevelt Jean, Esq.

Susana Cruz-Hodge, Esq. Thomas P. Scrivo, Esq.

Erik E. Sardina, Esq. Gary Potters, Esq.

[1] The members of the panel express our sincere gratitude to the head of our excellent mediation program, Joe Torregrossa, for his stellar efforts in facilitating an amicable resolution of this controversy.