Hierholzer v. The Law Office of John P. Frye, P.C. et al

Filing 13

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: This action is dismissed with prejudice. The Court will retain complete jurisdiction to vacate this order and to reopen the action within two months from the date of this order upon good cause shown that the settlement has not been completed and further litigation is necessary. Signed by Senior Judge Frederick J. Scullin, Jr. (jmb) (Main Document 13 replaced on 11/28/2011) (bjw, ).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
TAMMY L. HIERHOLZER aka/ Tammy L. Holton,
Plaintiff,
Civil Action: 5:10-CV-982 (FJS/ATB)
vs.
THE LAW OFFICE OF JOHN P. FRYE, PC;
JOHN P. FRYE
Defendants.
____________________________________
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
Kaufman, Borgeest Law Firm
200 Summit Lake Drive
Valhalla, New York 10595

Sergio Alves, Esq.

FOR DEFENDANTS:
Office of Clifford Forstadt
5788 Widewaters Parkway
Dewitt, New York 13214

Clifford Forstadt, Esq.

FREDERICK J. SCULLIN, JR.
SENIOR U.S. DISTRICT JUDGE
JUDGMENT DISMISSING ACTION
BY REASON OF SETTLEMENT
The parties have entered into a settlement agreement which has been approved
by the bankruptcy court which in effect settles all claims in this action, and that this
action will, therefore, be discontinued by stipulation pursuant to Rule 41(a)(1)(ii) of the
Federal Rules of Civil Procedure, it is no longer necessary for this action to remain on
the court’s active docket.
It is therefore hereby

ORDERED that
1)

This action is dismissed, with prejudice, except as set forth below.

2)

The court will retain complete jurisdiction to vacate this order and to

reopen the action within two months from the date of this order upon good 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.
4)

That the filing of this judgment does not preclude the parties from filing a

stipulation of discontinuance.

Dated:

November 28, 2011
Syracuse, New York

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