Ottoway v. United States of America

Filing 23

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: It is Ordered that this action is hereby dismissed in its entirety without prejudice to re-opening for 30 days upon a showing that the settlement was not consummated, on the 31st day the dismissal shall become with prejudice. (jmb)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ DEAN OTTOWAY, Plaintiff, Civil Action No. 5:08-CV-0057 vs. UNITED STATES OF AMERICA, Defendant. ____________________________________ APPEARANCES: Rawls, McNelis Law Firm 1111 East Main Street Suite 1701 Richmond, VA 23219 Attorney for Plaintiff Office of the United States Attorney 100 South Clinton Street Syracuse, NY 13261 Attorney for Defendant
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OF COUNSEL: John D. McChesney, Esq.

William F. Larkin, Esq. Assistant United States Attorney

Norman A. Mordue, Chief Judge U.S. District Judge JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT The pursuant to the report of the mediator (Dkt. No. 22) , 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: February 10, 2009
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