State Farm Fire and Casualty Company v. Shop-Vac Corporation

Filing 11

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is dismissed with prejudice, the Court will retain jurisdiction to vacate this order and to reopen the action within 3 months of this order if the settlement is not completed and further litigation is necessary. (Signed by District Judge Neal P. McCurn on 3/24/2011) (jmb)

State Farm Fire and Casualty Company v. Shop-Vac Corporation

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ STATE FARM FIRE AND CASUALTY COMPANY,

Plaintiff, Civil Action No. 5:10-CV-347 vs. SHOP-VAC CORPORATION, Defendant. ____________________________________ APPEARANCES: FOR PLAINTIFF: ALI, PAPPAS LAW FIRM 614 James Street Suite 100 Syracuse, New York 13203 FOR DEFENDANT: BAILEY, KELLEHER LAW FIRM Pine West Plaza 5 Suite 507 Washington Avenue Extension Albany, NY 12205 NEAL P. MCCURN SENIOR U.S. DISTRICT JUDGE JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT The parties have entered into an agreement in settlement of all NANNETTE KELLEHER, ESQ. BRIANNE CARBONARO, ESQ. OF COUNSEL:

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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. Based upon this development, I find that it is not necessary for this action to remain on the court's active docket. It is therefore hereby ORDERED, as follows: 1) below. 2) The court will retain complete jurisdiction to vacate this order This action is dismissed, with prejudice, except as set forth

and to reopen the action within three months from the date of this order upon cause shown that the settlement has not been completed and further litigation is necessary. 3) The Clerk shall forthwith serve copies of this judgment upon

the parties and/or their attorneys appearing in this action by electronic means.

Dated: March 24, 2011 Syracuse, New York

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