Daniel J. Collins v. Brian W. Roe, et al.

Filing 243

ORDER DISMISSING CASE BY REASON OF SETTLEMENT: Signed by Judge David N. Hurd on March 28, 2019. (rep)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

Daniel J. Collins, In Behalf of himself
and the State of New York,
Plaintiff,
Civil Action No.
1:15-CV-411 (DNH/TWD)
v.
Brian W. Roe, Director of Operations,
the Altamont Program, Inc., et al.,
Defendant.

ORDER OF DISMISSAL BY REASON OF SETTLEMENT
The Court has recently been informed by the parties that this case is
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 and

discontinued in its entirety, without costs, and without prejudice to the right
of any party to reopen this action within sixty (60) days of the date of this
Order if the settlement is not consummated.
(2)

Any application to reopen this case must be filed within sixty

(60) days of the date of this Order. An application to reopen filed after the
expiration of that sixty (60) 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 for incorporation of its
terms into an Order retaining jurisdiction within the above-referenced sixty
(60) day period for reopening the matter.
(4)

The dismissal of the above-captioned action shall become with

prejudice on the sixty-first (61st) day following the date of this Order,
unless any party moves to reopen this case within sixty (60) days of the
date of this Order upon a showing that the settlement was not
consummated, or the Court extends the sixty (60) day period prior to its
expiration.
(5)

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.

Dated:

March 28, 2019
Syracuse, NY
___________________________
David N. Hurd
United States District Judge

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