Feldman v. Travelers Indemnity Company et al

Filing 44

ORDER directing the clerk to administratively terminate this action without prejudice due to a settlement in a separate action. Signed by Judge James M. Moody on 9/21/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOE FELDMAN, on behalf of himself and all others similarly situated VS. CASE NO. 4:08CV4140 JMM DEFENDANTS PLAINTIFF TRAVELERS INDEMNITY COMPANY, ET AL.. ORDER The complaint in the above styled case was removed to the federal court on November 7, 2008. The Court has been advised that this case has been settled in a separate action. IT IS THEREFORE ORDERED that the clerk administratively terminate the action in his records, without prejudice to the right of the parties to reopen the proceedings for good cause shown. Provided however, this case will not be reopened unless within 45 days of the final disposition of the separate action an application to reopen is filed herein by one or more parties to this action. If no such motion to reopen is filed within said 45 day period this order shall be deemed a dismissal of plaintiff's claims. This administrative closing of the case tolls any applicable statute of limitations to plaintiffs' claims. Dated this 21 day of September, 2009. James M. Moody United States District Judge

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