Darrow et al v. DJO, LLC et al

Filing 21

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED in its entirety 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. (lmw)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK EDWARD DARROW, ET AL., Plaintiffs, vs. CIVIL NO.5:09-CV-1301 (GTS/GHL) DJO, LLC, ET AL., Defendants. Appearances: Of Counsel: For Plaintiffs: MICHAELS, SMOLAK LAW FIRM 17 East Genesee Street, Suite 401 Auburn, NY 13021 JAN M. SMOLAK, ESQ. For Defendant DJO, LLC: SASSANI, SCHENCK LAW FIRM Allegiance House 7767 Oswego Road Liverpool, NY 13090 KATHLEEN C. SASSANI, ESQ. For Defendant Hanger Orthopedic: HANCOCK, ESTABROOK, LAW FIRM 1500 AXA Tower I Syracuse, NY 13221 CHRISTINA VERONE JULIANO, ESQ. JOHN L. MURAD, JR., ESQ. 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 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 29, 2011 Syracuse, New York

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