Document 58

IT HEREBY IS ORDERED, that Petitioners' Motion for Summary Judgment (Docket No. 33) is GRANTED in part and DENIED in part, consistent with this Decision and Order.

FURTHER, that this case is REFERRED for alternative dispute resolution under Section 2.1.B of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York ("the ADR Plan").

FURTHER, that the parties shall comply with all r elevant requirements of the ADR Plan, which is available at http://www.nywd.uscourts.gov.

FURTHER, that within 10 days of the entry date of this decision, the parties shall contact ADR Administrator Amanda G. Williams for direction on how to proceed with mediation under the March 16, 2020 General Order Re: Alternate Dispute Resolution Under Circumstances Created by COVID-19 and its progeny.

FURTHER, that the parties are permitted to re-engage in mediation with Mediator Douglas Coppo lla or another federal-court mediator upon whom they might agree.

FURTHER, that the parties shall conclude their mediation efforts and file a joint written notice concerning the status of mediation by July 25, 2022.

SO ORDERED.

Signed by William M. Skretny, United States District Judge on 5/13/2022. (JCM)

May 13, 2022