Monell v. The Scooter Store, LTD et al

Filing 42

JUDGMENT Dismissing Action Based Upon Settlement. Signed by Judge Mae A. D'Agostino, 12/18/2012. (ban)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
_____________________________________________
DELEVINE MONELL,
Plaintiff,
vs.

1:10-CV-0897
(MAD/RFT)

THE SCOOTER STORE, LTD,
Defendant.
_______________________________________________
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
GOLDSTEIN & GOLDSTEIN LAW FIRM
40 Garden Street
Poughkeepsie, NY 12601-3106

Paul J. Goldstein, Esq.

FOR DEFENDANT:
MIRANDA, SAMBURSKY LAW FIRM
240 Mineola Boulevard
Mineola, NY 11501

Neil L. Sambursky, Esq.

Mae A. D’Agostino, U.S. District Judge

JUDGMENT DISMISSING ACTION
BASED UPON SETTLEMENT

The Court has been advised by counsel that this action has been settled, or is in the
process of being settled. Counsel has also advised the Court that no infant or incompetent is
a party to this action. Accordingly, pursuant to N.D.N.Y.L.R. 68.2, it is hereby
ORDERS that:
1)

This action is 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 days of the date of the filing of this order upon a showing that the
settlement was not consummated. Upon completion of settlement, the parties are directed to
exchange general releases and file a Stipulation of Discontinuance with the Court that must
include language “that no party hereto is an infant or incompetent” in compliance with
N.D.N.Y.L.R. 41.3; and.
4)

The Clerk shall forthwith serve copies of this judgment upon the parties

and/or their attorneys appearing in this action.

Dated: December 18, 2012
Albany, New York