Bachus et al v. Schenectady City School District et al

Filing 56

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED in its entirety without prejudice to the right of the parties to secure reinstatement of the case within ninety (90) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within ninety (90) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice. (lmw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JAMES D. BACHUS and BARBARA BACHUS,
Plaintiff,
vs.

CIVIL NO. 1:09-cv-843 (GTS/RFT)

SCHENECTADY CITY SCHOOL DISTRICT,
MICHAEL STRICOS and STEPHEN RAUCCI,
Defendants.
Appearances:

Of Counsel:

For Plaintiff:
Town, Ryan Law Firm
450 New Karner Road
PO Box 15072
Albany, NY 12205

Elena DeFio Kean, Esq.
James T. Towne, Jr.

Smith, Hoke Law Firm
18 Corporate Woods Boulevard, Suite 202
Albany, NY 12211

John J. Hoke, Esq.

For Defendants:
Girvin, Ferlazzo Law Firm
Attorneys for Defendants Schenectady CSD
20 Corporate Woods Boulevard, 2nd Floor
Albany, NY 12211

Patrick J. Fitzgerald, III, Esq.
Robert F. Manfredo, Esq.

Luibrand Law Firm
Attorneys for Defendant Stricos
950 New Loudon Road
Latham, NY 12110

Kevin A. Luibrand, Esq.

Stephen Raucci, Defendant
109 Education Drive
Schenectady, NY 12303
GLENN T. SUDDABY, U.S. DISTRICT JUDGE

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
The Court having been advised by counsel that the parties in this action have
entered into an agreement in settlement of all claims in this action, and that they
reasonably anticipate finalizing their agreement shortly, following which this action will be
discontinued, with prejudice, by stipulation pursuant to Rule 41(a)(1)(ii) of the Federal Rules
of Civil Procedure. Counsel has also advised that no infant or incompetent is a party to this
action. Based upon this development, I find that it is not necessary for this action to remain
on the calendar of the Court. It is therefore hereby
ORDERED that this action is DISMISSED in its entirety without prejudice pursuant
to the procedure as set forth in L.R. 68.2(a) of the Local Rules of this court. This judgment
is issued without prejudice to the right of the parties to secure reinstatement of the case
within ninety (90) days after the date of this judgment by making a showing that the
settlement was not, in fact, consummated; and in the event that no request is made for
reinstatement within ninety (90) days of the date of this judgment, the dismissal of this case
shall thereafter be with prejudice.
Dated: July 21, 2011
Syracuse, New York