Inland Western Saratoga Springs Wilton, LLC v. A.C. Moore, Incorporated

Filing 7

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is hereby dismissed in its entirety without prejudice to re-opening within 30 days, the dismissal will become with prejudice on the 31st day unless a showing that the settlement was not consummated within the 30 days. Signed by Chief Judge Norman A. Mordue. (jmb)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------INLAND WESTERN SARATOGA SPRINGS WILTON, LLC, Plaintiff, vs. A.C. MOORE, INCORPORATED, Defendant. ----------------------------------------------------------------APPEARANCES Hamilton, Watt Law Firm 480 Broadway Suite 250 Saratoga Springs , NY 1286 Attorney for Plaintiff Blank, Rome Law Firm 405 Lexington Avenue New York , NY 10174 Attorney for Defendant
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No. 1:09-CV-1207 (NAM/DRH)

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OF COUNSEL Lawrence R. Hamilton, Esq.

Andrew B. Eckstein, Esq.

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. Date: November 16, 2009 Syracuse, New York
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