In the Matter of the Complaint of A.P. Franz, Jr., TRUSTEE, as owner, et al.

Filing 88

ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Senior Judge Gary L. Sharpe on 7/25/2018. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
IN THE MATTER OF THE COMPLAINT
OF A.P. FRANZ, JR. TRUSTEE, as
owner, and BUCHANAN MARINE, L.P.,
as bareboat charterer of the Barge
B-252 FOR EXONERATION FROM
OR LIMITATION OF LIABILITY
________________________________

No. 1:13-cv-411 (GLS/DJS)

ORDER OF DISMISSAL BY REASON OF SETTLEMENT
The matter reached a resolution and settled during an In-Chamber Conference
conducted on June 18, 2018. See June 18, 2018 Text Minute Entry. 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 and discontinued in its
entirety, without costs, and without prejudice to the right of any party to reopen this action
within ninety (90) days of the date of this Order if the settlement is not consummated.
2. Any application to reopen this case must be filed within ninety (90) days
of the date of this Order. An application to reopen filed after the expiration of that ninety
day period, unless it is extended by the Court prior to its expiration, may be summarily
denied solely on the basis of untimeliness.
3. If the parties wish for the court to retain ancillary jurisdiction for the
purpose enforcing any settlement agreement, they must submit a request that the Court
retain jurisdiction over enforcement of the agreement or submit the agreement to the
Court or incorporation of its terms into an Order retaining jurisdiction within the abovereference ninety (90) day period for reopening the matter.

4. The dismissal fo the above-captioned action shall become with prejudice
on the ninety-first day following the date of this Order, unless any party moves to reopen
this case within ninety (90) days of the date of this Order upon a showing that the
settlement was not consummated, or the Court extends the ninety (90) day period prior to
its expiration.
5. The parties are directed to file a stipulation of discontinuance within
ninety (90) days of this order in full compliance with Local Rule 41.3.
6. The Clerk of the Court is respectfully directed to close this case and
forward a copy of this Order to the parties pursuant to the Court’s Local Rules.
IT IS SO ORDERED.
July 25, 2018
Albany, New York

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