Kimball v. St. Peter's Hospital et al

Filing 44

ORDER OF DISMISSAL BY REASON OF SETTLEMENT: The Court hereby ORDERS that this 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 30 days of the date of this Order if the settlement is not consummated. The Court further ORDERS that any application to reopen this case must be filed within 30 days of the date of this Order. The Court further ORDERS that the dismissal of this action shall become wi th prejudiceon the thirty-first day following the date of this Order, unless any party moves to reopen this case within 30 days of the date of this Order upon a showing that the settlement was not consummated, or the Court extends the 30 day period prior to its expiration. Signed by Senior Judge Frederick J. Scullin, Jr. on 5/23/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JUDITH A. KIMBALL,
Plaintiff,
v.

1:15-CV-276
(FJS/DJS)

ST. PETER'S HOSPITAL; ST. PETER’S
ADDICTION RECOVERY CENTER;
MARY LIZA INZINGA, Operations Manager;
MEGAN DUNCAN, Senior Clinician; DALE
WALSH, Supervisor of Human Resources; and
PATRICK CARESSE, Executive Director,
Defendants.

ORDER OF DISMISSAL BY REASON OF SETTLEMENT
The Court is aware that the parties have settled or are in the process of settling this action.
See Text Minute Entry Dated May 19, 2017. A review of the Court's docket indicates that no
infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y. L.R. 68.2(a),
the Court hereby
ORDERS that 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
thirty (30) days of the date of this Order if the settlement is not consummated; and the Court
further
ORDERS that any application to reopen this case must be filed within thirty (30) days of
the date of this Order. An application to reopen filed after the expiration of that thirty-day
period, unless the Court extends that period prior to its expiration, may be summarily denied
solely on the basis of untimeliness; and the Court further

ORDERS that, if the parties wish for the Court to retain ancillary jurisdiction for the
purpose of 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 for
incorporation of its terms into an Order retaining jurisdiction within the above-referenced thirty
(30) day period for reopening this matter; and the Court further
ORDERS that the dismissal of the above-captioned action shall become with prejudice
on the thirty-first day following the date of this Order, unless any party moves to reopen this case
within thirty (30) days of the date of this Order upon a showing that the settlement was not
consummated, or the Court extends the thirty (30) day period prior to its expiration; and the
Court further
ORDERS that the Clerk of the Court shall close this case and serve a copy of this Order
on the parties in accordance with the Court's Local Rules.

IT IS SO ORDERED.

Dated: May 23, 2017
Syracuse, New York