Small et al v. City of Syracuse et al

Filing 206

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT. Signed by Judge David N. Hurd on 7/3/12. (cbm )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
____________________________________
DAVID VIVENZIO,

Plaintiff,
Civil Action No. 5:05-CV-531
vs.
CITY OF SYRACUSE,
Defendant.
____________________________________
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
AMDURSKY, PELKY LAW FIRM
26 East Oneida Street
Oswego, NY 13126

TIMOTHY J. FENNELL, ESQ.

FOR DEFENDANT:
CITY OF SYRACUSE
CORPORATION COUNSEL
233 East Washington Street
Room 301 City Hall
Syracuse, NY 13202

CATHERINE CARNRIKE, ESQ.

HANCOCK, ESTABROOK LAW FIRM
1500 AXA Tower I
100 Madison Street
Syracuse, NY 13221

JOHN POWERS, ESQ.

DAVID N. HURD
U.S. DISTRICT JUDGE

JUDGMENT DISMISSING ACTION
BASED UPON SETTLEMENT
The parties have entered into an agreement in settlement of all claims
in this action, and that they reasonably anticipate finalizing their agreement
shortly, following which this action will be discontinued, with prejudice, by
stipulation pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil
Procedure. Based upon this development, I find that it is not necessary for
this action to remain on the court’s active docket.
It is therefore hereby
ORDERED, as follows:
1)

This action is dismissed, with prejudice, except as set forth

below.
2)

The court will retain complete jurisdiction to vacate this order

and to reopen the action within three months from the date of this order
upon cause shown that the settlement has not been completed and further
litigation is necessary.
3)

The Clerk shall forthwith serve copies of this judgment upon the

parties and/or their attorneys appearing in this action by electronic means.

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Dated:

July 3, 2012
Utica, New York

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