Hanna v. Life Insurance Company of North America

Filing 26

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT: It is ORDERED that this case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within thirty days of the date of the filing of this order upon a showing that the settlement was not consummated. The dismissal of this case shall become with prejudice on the thirty first day after the date of the filing of this order unless any party moves to re-open this case within thirty days of the date of filing of this order upon a showing that the settlement was not consummated. Upon completion of settlement, the parties are directed to exchange general releases and file a Stipulation of Discontinuance with the Court that must include language that no party hereto is an infant or incompetent" in compliance with N.D.N.Y.L.R. 41.3. Signed by Senior Judge Norman A. Mordue on 7/17/2014. (nmk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
____________________________________
JAMES HANNA,
Plaintiff,
Civil Action No. 5:13-CV-471
(NAM/TWD)

vs.
LIFE INSURANCE COMPANY OF
NORTH AMERICA,
N

Defendant.
____________________________________
OF COUNSEL:

Office of Frank Clark
One Park Place
300 South State Street
Suite 410
Syracuse, NY 13202
Attorney for Plaintiff

Frank A. Clark, Esq.

Russo, Keane Law Firm
33 Whitehall Street
16th Floor
New York, NY 10004
Attorney for Defendant

A

APPEARANCES:

Kevin G. Horbatiuk, Esq.

Norman A. Mordue, Senior U.S. District Judge
M

JUDGMENT DISMISSING ACTION
BASED UPON 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. Accordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is hereby
ORDERED, as follows:
1) The above captioned case is hereby DISMISSED in its entirety without prejudice to

re-opening upon the motion of any party within thirty days of the date of the filing of this order
upon a showing that the settlement was not consummated;
2) The dismissal of the above captioned case shall become with prejudice on the thirtyfirst day after the date of the filing of this order unless any party moves to re-open this case within
thirty days of the date of filing of this order upon a showing that the settlement was not
consummated. Upon completion of settlement, the parties are directed to exchange general
N

releases and file a Stipulation of Discontinuance with the Court that must include language
“that no party hereto is an infant or incompetent" in compliance with N.D.N.Y.L.R. 41.3; and
3) The Clerk shall serve copies of this Judgment upon counsel in this matter by electronic
means.
IT IS SO ORDERED.

A

Date: July 17, 2014

M

2