Bookhout v. Visiting Nurse Service of Ithaca and Tompkins County, Inc.

Filing 19

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is hereby dismissed in its entirety without prejudice to re-opening within 30 days 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) (jmb)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ ANNE BOOKHOUT, Plaintiff, vs. VISITING NURSE SERVICE OF ITHACA AND TOMPKINS COUNTY, INC., Defendant. ____________________________________ APPEARANCES: Holmberg, Galbraith Law Firm P.O. Box 6599 200 East Buffalo Street Suite 502 Ithaca , NY 14851 Attorney for Plaintiff Milber, Makris Law Firm 2809 Wehrle Drive Suite 14 Williamsville , NY 14221 and True,Walsh Law Firm 950 Danby Road Suite 310 Ithaca , NY 14850 Attorneys for Defendant OF COUNSEL: Dirk A. Galbraith, Esq.
N A M

Civil Action No. 5:08-CV-1178 (NAM/GJD)

Richard A. Lilling, Esq.

Mary J. Schubert, Esq.

Norman A. Mordue, Chief Judge U.S. District Judge JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT Pursuant to the Report of the Mediator Ross P. Andrews filed on August 11, 2009, 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: August 12, 2009
A M N

2