NYS Electric & Gas v. FirstEnergy Corp.

Filing 263

ORDER: approving the # 262 Stipulation of Dismissal, therefore the Third Party Action asserted by FirstEnergy against Ithaca City School District (ICSD) is hereby dismissed with prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge David E. Peebles on 10/5/2010. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK NEW YORK STATE ELECTRIC & GAS CORPORATION, Plaintiff, VS. FIRSTENERGY CORP., Defendant. FIRSTENERGY CORP., Third-Party Plaintiff, VS. Civil Action No. 3:03-CV-0438 ID. BOOTH, INC.; ITHACA CITY SCHOOL DISTRICT; CITY OF ITHACA, NEW YORK; and CITY OF ONEONTA, NEW YORK, Third-Party Defendants. STIPULATION AND ORDER DISMISSING ACTION Third-party plaintiff FirstEnergy Corp. ("FirstEnergy") and third-party defendant Ithaca City School District ("ICSD") hereby stipulate and agree, through their respective counsel, that the aboveentitled third-party action asserted by FirstEnergy against ICSD is hereby dismissed with prejudice, pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, Dated: October Y-1 2010 BOND, SCHO NECK & KING, PLLC By: Thomas R. Smith, Esq. Attorneys for Third-Party Defendant Ithaca City School District One Lincoln Center Syracuse, New York 13202 Tel. No. (315)218-8000 q John F. Stoviak, Esq. eysfor Third-Party Plaintjff Vtre Square West Market Street, 38th Floor Philadelphia, Pennsylvania 19102-2186 11)91)339 33i Magistrate Judge David E. Peebles Dated: October_, 2010 October 5, 2010 1742648.1 10/4/2010

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