Viles v. Stuart Allan & Associates, Inc. et al

Filing 32

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT: This action is hereby DISMISSED in its entirety without prejudice to re-opening within 60 days if settlement is not consummated. This dismissal will become with prejudice on the 61st day. Upon completion of settlement, the parties are directed to file a Stipulation of Discontinuance with the Court. Signed by District Judge Norman A. Mordue. (jmb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ JEREMY VILES Plaintiff 1:13-CV-60 NAM/CFH vs. STUART ALLAN & ASSOCIATES, INC., ET AL N Defendants. ____________________________________ APPEARANCES: OF COUNSEL: Lemberg & Associates LLC 1100 Summer Street Floor 3 Stamford, CT 06905 Attorney for Plaintiff Sergei Lemberg , Esq. A Sessions, Fishman Law Firm - NJ Office Aaron R. Easley, Esq. 200 Route 31 North, Suite 203 Flemington, NJ 08822 Attorney for Defendant Stuart Allan & Associates, Inc. Jones, Day Law Firm - New York Office Joshua A. Weiner, Esq. 222 East 41st Street Lee M. Pollack, Esq. New York, NY 10017-6702 Attorneys for Defendant Experian Information Solutions, Inc. M Schuckit & Associates, PC 4545 Northwestern Drive Zionsville, IN 46077 Attorneys for Defendant Trans Union, LLC. Robert J. Schuckit, Esq. Ted Nolting, Esq. Norman A. Mordue, U.S. District Judge JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT Pursuant to the Notice of Settlement (Dkt. No. 31), that 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 sixty 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 sixtyfirst day after the date of the filing of this order unless any party moves to re-open this case within N sixty 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 copies of this Judgment upon counsel in this matter by electronic A means. Dated: May 16, 2013 Syracuse, New York M 2

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