Ciereck et al v. Wyeth, Inc. et al

Filing 24

ORDER DISMISSING ACTION BY REASON OF SETTLEMENT Having been advised by the parties that this case has been settled, the case is dismissed without prejudice pending final settlement. The Court retains jurisdiction to reopen action for good cause shown within 120 days. Thereafter, the dismissal will become with prejudice. A stipulation of discontinuance should be filed upon final settlement... Signed by Senior Judge Frederick J. Scullin, Jr on 7/22/2013. (bjw, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

Kathleen A. Ciereck, and Geoffrey E. Ciereck,
Plaintiffs,
vs.

5:05-CV-311 (FJS/DEP)

Wyeth, Inc., and Wyeth Pharmaceuticals, Inc.,
Defendants.

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
The Court having been advised by counsel that the above entitled action has been settled, or is in
the process of reaching a settlement, it is unnecessary for the action to remain active on the Court’s
calendar. Therefore, it is
ORDERED that the action is dismissed WITHOUT PREJUDICE and that the Court will retain
jurisdiction to vacate this order and reopen the action for good cause shown that the settlement was
not consummated and that further litigation is necessary, upon a motion by any party within 120
days from the date of this order. It is further

ORDERED that if no motion is filed, the dismissal will become WITH PREJUDICE on the
121st day after the date of this order. It is further
ORDERED that upon reaching a final settlement, the parties shall file, with the Court, a stipulation
of discontinuance and/or a settlement agreement. It is further
ORDERED that the Clerk shall serve copies of this judgment upon all counsel via electronic
means..

Date: July 22, 2013
Syracuse, New York

Hon. Frederick J. Scullin, Jr.
Senior U.S. District Judge