Perez v. Benjamin & Robin Simons et al

Filing 8

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT Having been advised by the parties that this case has been settled, the case is dismissed without prejudice pending final settlement. The Court retains jurisdiction to reopen action for good cause shown within 60 days. Thereafter, the dismissal will become with prejudice. A stipulation of discontinuance should be filed upon final settlement. (bjw, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DAVID MORALES PEREZ, Plaintiff, vs. 5:13-CV-0037 (FJS/TWD) BENJAMIN & ROBIN SIMONS, d/b/a Simons Family Farm, et al. Defendants. JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court having been advised by counsel that the above entitled action has been settled, or is in the process of reaching a settlement, it is unnecessary for the action to remain active on the Court’s calendar. Therefore, it is ORDERED that the action is dismissed WITHOUT PREJUDICE and that the Court will retain jurisdiction to vacate this order and reopen the action for good cause shown that the settlement was not consummated and that further litigation is necessary, upon a motion by any party within 60 days from the date of this order. It is further ORDERED that if no motion is filed, the dismissal will become WITH PREJUDICE on the 61st day after the date of this order. It is further ORDERED that upon reaching a final settlement, the parties shall file, with the Court, a stipulation of discontinuance and/or a settlement agreement. It is further ORDERED that the Clerk shall serve copies of this judgment upon all counsel via electronic means. Date: March 12, 2013 Syracuse, New York

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