Brown v. Rite Aid Corporation

Filing 11

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 thirty (30) 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 thirty (30) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice. (lmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
_______________________________________
VANCE C. BROWN
Plaintiff,
Civil Action No.
5:10-CV-1257 (GTS/DEP)

vs.
ECKERD CORPORATION,
Defendant.
_______________________________________
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
OFFICE OF JAMES FLECKENSTEIN
117 South State Street
Syracuse, New York 13202

JAMES FLECKENSTEIN, ESQ.

FOR DEFENDANT:
FELDMAN, KIEFFER LAW FIRM
110 Pearl Street
Suite 400
Buffalo, New York 14202

CHRISTOPHER WILKINS, 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 thirty (30) 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 thirty (30) days of the date of this
judgment, the dismissal of this case shall thereafter be with prejudice; and it is further
Dated:

April 18, 2011
Syracuse, New York

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