Pierre v. AngioDynamics, Inc.

Filing 28

ORDER DISMISSING CASE BY REASON OF SETTLEMENT Having been advised by the mediator that the parties have settled this case, 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 will become with prejudice. A stipulation of discontinuance should be filed once settlement is finalized.. Signed by Senior Judge Frederick J. Scullin, Jr on 10/21/2013. (bjw, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ JOSEPH PIERRE Plaintiff, Civil Action: 1:12-CV-834 (FJS/CFH) vs. ANGIODYANAMICS, INC. Defendant. _______________________________ APPEARANCES: FOR PLAINTIFF OF COUNSEL: D’Orazio, Peterson Law Firm 125 High Rock Avenue Saratoga Springs, New York 12866 Scott M. Peterson, Esq. Giovanna A. D’Orazio, Esq. FOR DEFENDANT: Bond, Schoeneck and King Law Firm 111 Washington Avenue Albany, New York 12210-3299 Michael D. Billok, Esq. FREDERICK J. SCULLIN, JR. SENIOR U.S. DISTRICT JUDGE JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The parties have entered into an agreement in settlement of all claims in this action, and that they reasonably anticipate finalizing their agreement within 30 days, following which this action will be discontinued by stipulation pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. Based upon this development, it is no longer necessary for this action to remain on the court’s active docket. It is therefore hereby ORDERED that 1) This action is dismissed, with prejudice, except as set forth below. 2) The court will retain complete jurisdiction to vacate this order and to reopen the action within two months from the date of this order upon good cause shown that the settlement has not been completed and further litigation is necessary. 3) The Clerk shall forthwith serve copies of this judgment upon the parties and/or their attorneys appearing in this action by electronic means. Dated: October 21, 2013 Syracuse, New York 2

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