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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?