Unum Life Insurance Company of America v. O'Brien et al

Filing 34

JUDGMENT DISMISSING ACTION BE REASON OF SETTLEMENT: It is 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 6 months after the date of this judgment by making a showing that the settlement was not consummated; and in the event that no request is made for reinstatement within 6 months of the date of this judgment, the dismissal of this case shall thereafter be with prejudice. Signed by Senior Judge Norman A. Mordue on 12/23/2013. [Copies served upon pro se defendants via certified mail.] (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Unum Life Insurance Company of America,
Plaintiff,
vs.

CIVIL NO. 5:13-CV-131-NAM-ATB

Joseph M. O'Brien and Mary C. O'Brien

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Defendants.

For Plaintiff: Stephanie M. Campbell, Esq.
For Defendant: Pro Se
Norman A. Mordue, Senior U.S. District Judge

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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 within six (6) months, following which this
action will be discontinued, with prejudice, by stipulation pursuant to Rule 41(a)(1)(ii) of the

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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 six (6) months 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 six (6) months 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.

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Dated: December 23, 2013
Syracuse, New York

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