Nature's Finest Produce Ltd. v. Isadore A. Rapasadi and Sons, Inc.

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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
NATURE’S FINEST PRODUCE, LTD.,
Plaintiff,
vs.

CIVIL NO. 5:13-CV-1261 (GTS/ATB)

ISADORE A. RAPASADI AND SONS, INC.,
Defendant.
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. 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.
Dated:

November 22, 2013
Syracuse, New York