Life Insurance Company of North America v. Harrell et al

Filing 25

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is dismissed in its entirety without prejudice to the right of the parties to secure reinstatement of the case within 30 days upon showing that the settlement was not consummated; and after 30 days from the date of this judgment, the dismissal of this case shall thereafter be with prejudice. (lmw) (Copy served upon Pro Se Defendant Jodean Harrell via regular mail)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, vs. JODEAN M. HARRELL, CRYSTAL HARRELL, NIKKI HARRELL and ESTATE OF DAVID HARRELL, Defendants. Appearances: For Defendant Jodean M. Harrell Jodean M. Harrell, Pro Se 19 Grover Street East Syracuse, New York 13057 For Defendants Crystal Harrell, Nikki Harrell and Estate of David Harrell: RINALDI LAW OFFICE University Building 120 East Washington Street Suite 422 Syracuse, New York 13202 Glenn T. Suddaby, U.S. District Judge JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court having held a pretrial conference on 2/25/09 and having been advised by counsel and Pro Se defendant Jodean M. Harrell that the parties in this action 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 Of Counsel: CIVIL NO. 5:06-cv-946 Angelo J. Rinaldi, Esq. Procedure. Counsel has also advised that no infant or incompetent is a party to this action. 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: February 25, 2009 Syracuse , New York

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