Campbell v. Consolidated Rail Corporation et al

Filing 108

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED without prejudice to the right of the parties to secure reinstatement of the case within thirty (30) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and the judgment shall become with prejudice after thirty (30) days from the date of this judgment. (lmw)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ HAROLD E. CAMPBELL, JR., Plaintiff, v. CONSOLIDATED RAIL CORP.; and CSX TRANSPORTATION, INC., Defendants. _____________________________________ APPEARANCES: HANNON & PALERMO, P.C. Counsel for Plaintiff 150 South Independence Mall West Philadelphia, PA 19106 HODGSON RUSS LLP Counsel for Defendants 60 East 42nd Street, 37th Floor New York, NY 10165 BURNS, WHITE & HICKTON, LLC Counsel for Defendants 106 Isabella Street Four Northshore Center Pittsburgh, PA 15212 OF COUNSEL: DON P. PALERMO, ESQ. GREGORY JOHN HANNON, ESQ. 1:05-CV-1501 (GTS/GJD)

NOREEN D. GRIMMICK, ESQ. LAWRENCE R. BAILEY, JR., ESQ.

ANDREW M. SMALLEY, ESQ. T.H. LYDA, ESQ.

GLENN T. SUDDABY, United States District Judge JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court having facilitated extensive settlement negotiations on 1/5/09 and 1/6/09 with counsel to the parties in this action, prior to jury selection, and the Court having been advised that 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 calendar of the Court. It is therefore hereby ORDERED that this action is DISMISSED in its entirety without prejudice pursuant to the procedure as set forth in L.R. 68.2(a) of the Local Rules of this court. This judgment is issued without prejudice to the right of the parties to secure reinstatement of the case within thirty (30) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within thirty (30) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice; and it is further ORDERED that the Clerk shall serve copies of this Judgment upon the attorneys for the parties appearing in this action. Dated: January 6, 2009 Syracuse , New York