Cook et al v. Wohl

Filing 18

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: It is ORDERED that this action is DISMISSED in its entirety without prejudice pursuant L.R. 68.2(a); this judgment is issued without prejudice to the right of the parties to secure reinstatement of the case within 60 days by making a showing that the settlement was not, in fact, consummated; if no request is made for reinstatement within 60 days the dismissal of this case shall thereafter be with prejudice. Signed by District Judge Glenn T. Suddaby on 11/3/2010. (mae)

Cook et al v. Wohl

Doc. 18

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JEFFREY A. COOK, et al., Plaintiffs, vs. ANDREW T. WOHL, et al., Defendants. Appearances: For Plaintiff: ALEXANDER, CATALANO LAW FIRM 115 East Jefferson Street Suite 403 Syracuse, NY 13202 For Defendant: HISCOCK, BARCLAY LAW FIRM One Park Place 300 South State Street Syracuse, NY 13202 Glenn T. Suddaby, U.S. District Judge JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court having been advised by counsel 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 KEVIN M. HAYDEN, ESQ. JAMES L. ALEXANDER, ESQ. Of Counsel: CIVIL NO.5:09-CV-1205

Dockets.Justia.com

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 sixty (60) 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 sixty (60) 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: November 3, 2010 Syracuse, New York