Broadcast Music, Inc. et al v. McGillicuddy's Tap House Ltd. et al

Filing 15

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT: This action is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within 30 days of the date of the filing of this order upon a showing that the settlement was not consummated. The dismissal shall become with prejudice on the 31st day. Signed by Judge Norman A. Mordue. (jmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
____________________________________
Broadcast Music, Inc., et al.
Plaintiffs,
Civil Action No.
1:12-CV-1360 (NAM/RFT)

vs.
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McGillicuddy's Tap House Ltd. d/b/a
McGillicuddy's Restaurant & Tap, et al.
Defendants.
____________________________________
OF COUNSEL:

Harris, Beach Law Firm
99 Garnsey Road
Pittsford, NY 14534
Attorney for Plaintiffs

Neal Louis Slifkin, Esq.

Corbally, Gartland Law Firm
35 Market Street
Poughkeepsie, NY 12601
Attorney for Defendants

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APPEARANCES:

William W. Frame, Esq.

Norman A. Mordue, U.S. District Judge
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JUDGMENT DISMISSING ACTION
BASED UPON SETTLEMENT
Pursuant to the report of the report of the mediator (Dkt. No. 14), this action has been
settled, or is in the process of being settled. Accordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is
hereby
ORDERED, as follows:
1) The above captioned case is hereby DISMISSED in its entirety without prejudice to

re-opening upon the motion of any party within thirty 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 thirtyfirst 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 filing of this order upon a showing that the settlement was not
consummated. Upon completion of settlement, the parties are directed to exchange general
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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 copies of this Judgment upon counsel in this matter by electronic
means.
Dated: March 18, 2013
Syracuse, New York

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