ICM Controls Corp. v. Micrel, Incorporated

Filing 10

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: This action is hereby DISMISSED in its entirety without prejudice to re-opening by motion of any party within 30 days upon a showing that the settlement was not consummated; if no such motion is fil ed the dismissal shall become with prejudice on the 31st day after the date of this filing; upon completion of settlement the parties are directed to exchange general releases and file a Stipulation of Discontinuance including language "that no party hereto is an infant or incompetent" in compliance with N.D.N.Y.L.R. 41.3. Signed by Senior District Judge Neal P. McCurn on 10/19/2010 (mae)

ICM Controls Corp. v. Micrel, Incorporated

Doc. 10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

ICM CONTROLS CORP. Plaintiff, vs. MICREL, INCORPORATED Defendants. CIVIL NO. 5:09-CV-1290 (NPM/DEP)

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel has also advised the Court that no infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is hereby ORDERED that: 1) The above captioned case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within thirty days of the date of the filing of this order upon a showing that the settlement was not consummated; 2) 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

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any party moves to re-open this case within thirty days of the date of filing of this order upon a showing that the settlement was not consummated. Upon completion of settlement, the parties are directed to exchange general releases and file a Stipulation of Discontinuance with the Court that must include language "that no party hereto is an infant or incompetent" in compliance with N.D.N.Y.L.R. 41.3; and 3) The Clerk shall serve by electronic means copies of this Judgment upon the attorneys for the parties appearing in this action.

IT IS SO ORDERED.

Dated: October 19, 2010 Syracuse, New York