Howell v. Peter T Roach & Associates

Filing 7

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: This action is hereby dismissed in its entirety without prejudice to reopending within 30 days if the settlement is not consummated, thereafter it will be with prejudice. Signed by Chief Judge Norman A. Mordue on 10/21/09. (jmb)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------DAVID HOWELL, Plaintiff, vs. PETER T ROACH & ASSOCIATES PC, Defendant. ----------------------------------------------------------------N A M

No. 1:09-CV-668 (NAM/DRH)

APPEARANCES: Anthony J. Pietrafesa, Esq. 117 Christopher Lane Altamont , NY 12009 Attorney for Plaintiff Peter T. Roach & Associates, PC 125 Michael Drive Syossett, NY 11791 Attorney for Defendant

OF COUNSEL:

Peter T. Roach, Esq.

Hon. Norman A. Mordue, Chief U.S. District Judge

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 thirty (30) 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 thirty-first day after the date of the filing of this order unless any party moves to re-open this case within thirty (30) days of the date of the filing of this order upon a showing that the settlement was not consummated; and 3. The Clerk shall forthwith serve this Judgment upon the attorneys for the parties appearing in this action by electronic mail. IT IS SO ORDERED. DATED: October 21, 2009 Syracuse, New York
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