Hoffman Nahl v. Murray Feiss Import LLC et al

Filing 39

JUDGMENT DISMISSING CASE BY REASON OF SETTLEMENT Having been advised by the mediator that the parties have settled this action, the case is dismissed without prejudice pending final settlement. The Court retains jurisdiction to reopen action for good cause shown within 60 days. Thereafter, the dismissal with become with prejudice. A stipulaion of discontinuance should be filed upon final settlement.. Signed by Senior Judge Frederick J. Scullin, Jr on 4/23/2014. (bjw, )

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UNITED STATES DISTRICT COURT OF THE NORTHERN DISTRICT OF NEW YORK SUSAN HOFFMAN NAHL VS. CIVIL NO. 1:12-CV-0585 (FJS/RFT) MURRAY FEISS IMPORT LLC, GENERATION BRANDS LLC and WOLBERG ELECTRICAL SUPPLY CO., INC. JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT This Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel of record have also advised this Court 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 sixty (60) days of the date of the filing of this order upon a showing that settlement was not consummated; 2) The dismissal of the above captioned case shall be considered with prejudice on the sixty-first day after the date of the filing of this order unless any party moves to re-open this case within sixty (60) days of the date of 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 3) The Clerk shall serve by electronic means copies of this Judgment upon the attorneys for the parties appearing in this action. IT IS SO ORDERED. Dated: April 23, 2014 Syracuse, New York ______________________________ Hon. Frederick J. Scullin, Jr. Senior United States District Judge

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