Hubbard v. Duke Cain Contracting, Inc.

Filing 21

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: it is ordered that this action is dismissed in its entirety 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. (lmw)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MARTIN L. HUBBARD, Plaintiff, vs. DUKE CAIN CONTRACTING, INC., Defendant. Appearances: For Plaintiff: Byrne, Costello Law Firm AXA Tower I 100 Madison Street Suite 1600 Syracuse, New York 13202 For Defendant: Menter, Rudin Law Firm 308 Maltbie Street Suite 200 Syracuse, NY 13204-1498 Glenn T. Suddaby, U.S. District Judge JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court having been advised by counsel on 9/23/09 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 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 Julian B. Modesti, Esq. Jordan R. Pavlus, Esq. Of Counsel: CIVIL NO. 5:09-cv-175 (GTS/GHL)

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: October 26, 2009 Syracuse, New York