LePorte v. United States of America

Filing 22

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT: this case is dismissed in its entirety without prejudice to re-opening upon the filing of a motion within thirty days of this Order upon a showing that the settlement was not consummated, the dismissal shall become with prejudice on the thirty-first day. (Signed by Chief Judge Norman A. Mordue on 3/20/09) (jmb)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ DIANA LEPORTE, Plaintiff, Civil Action No. 5:07-CV-0888 vs. UNITED STATES OF AMERICA, Defendant. ____________________________________ APPEARANCES: Cote, Limpert Law Firm 214 North State Street Syracuse, NY 13202 Attorney for Plaintiff Office of the United States Attorney 100 South Clinton Street Syracuse, NY 13261 Attorney for Defendant OF COUNSEL: M. Joanne Van Dyke, Esq.

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William F. Larkin, AUSA

Norman A. Mordue, Chief Judge U.S. District Judge JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT Pursuant to an early neutral evaluation session held on March 17, 2009, and the Notice of Settlement filed on March 20, 2009, (Dkt. No. 21) 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 that the above-captioned case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion within thirty (30) days of the date of the filing of this order upon a showing that the settlement was not consummated; and it further ORDERED that the dismissal of the above-captioned case shall become with prejudice on the thirty-first day after the date of the filing of this order unless a party moves to re-open this case within thirty (30) days of the date of the filing of this order upon a showing that the settlement was not consummated. IT IS SO ORDERED Date: March 20, 2009
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