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)

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