Gerber v. Capital District Physicians' Health Plan, Inc. et al

Filing 24

ORDER OF DISMISSAL BY REASON OF SETTLEMENT: 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 settlemen t is not consummated. The dismissal of this 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 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 4/12/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

TODD GERBER,
Plaintiff,
v.

1:16-CV-1087
(FJS/ATB)

CAPITAL DISTRICT PHYSICIANS’
HEALTH PLAN, INC., THOMAS
WHITE, JEREMY PICKREIGN, and
KATHRYN DECKER,
Defendants.

ORDER OF DISMISSAL BY REASON OF SETTLEMENT

The Mediator has advised the Court that the parties have settled,or are in the process of settling
this action. See Dkt. No. 23. 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 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 thirty (30) days of the date of this Order if the settlement is not consummated.
(2) 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 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 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 for reopening this matter.
(4) 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.
(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: April 12, 2017
Syracuse, New York