Williams v. CSX Transportation, Inc.

Filing 9

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: It is Ordered that this action is DISMISSED without prejudice to re-opening within 90 days upon a showing that the settlement was not consummated. If no party moves to re-open the dismissal shall become with prejudice on the 91st day. {Copies served upon counsel by regular mail} (mae)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHERYL J. WILLIAMS, as limited Administratrix of all and singular, the goods, chattels and credits of JOHN A. WILLIAMS, JR., deceased, 571 North Pearl Street, Albany, New York 12204, Plaintiff, vs. CSX TRANSPORTATION, INC., 500 Water Street, Jacksonville, FL 32202 Defendants.
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1:08-CV-1279 (NAM/DRH)

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court has been advised by United States Magistrate Judge David R. Homer that the parties in the above captioned case have reported to him that the case has been settled. Counsel has also advised Judge Homer that no infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is hereby ORDERED that: 1. The above captioned case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within ninety (90) days of the date of the filing of this order upon a showing that the settlement was not consummated; 2. The dismissal of the above captioned case shall become with prejudice on the ninety-first day after the date of the filing of this order unless any party moves to re-open this case within ninety (90) days of the date of the filing of this order upon a showing that the settlement was not consummated;

3. The Clerk shall forthwith serve by regular mail copies of this Judgment upon the attorneys for the parties appearing in this action. IT IS SO ORDERED. Dated: September 16, 2009

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