DeBagio et al v. Metropolitan Casualty Insurance Company
Filing
20
ORDER OF DISMISSAL BY REASON OF SETTLEMENT: The above-captioned case is hereby dismissed and discontinued in its entirety, without costs, and without prejudice to the right of any party to reopen this action within thirty (30) days of the date of this Order if the settlement is not consummated, as noted further within the Order. Signed by Judge David N. Hurd on May 23, 2017. (rep)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
Michael DiBagio, Justin C. Wilbur,
Plaintiffs,
vs.
Case No. 5:14-CV-161
(DNH/ATB)
Metropolitan Casualty Insurance Company,
Defendant.
==================================
Metropolitan Casualty Insurance Company,
Counter Claimant,
vs.
Michael DiBagio, Justin C. Wilbur
Counter Defendants,
ORDER OF DISMISSAL BY REASON OF SETTLEMENT
The Court has been advised by counsel that this action has been
settled, or is in the process of being settled. Counsel has also advised the
Court that no infant or incompetent is a party to this action. 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 and
discontinued in its entirety, without costs, and without prejudice to the right
of any party to reopen this action within thirty (30) days of the date of this
Order if the settlement is not consummated.
2) Any application to reopen this case must be filed within thirty
(30) days of the date of this Order. An application to reopen filed after the
expiration of that thirty-day period, unless it is extended by the Court prior
to its expiration, may be summarily denied solely on the basis of
untimeliness.
(3) If the parties wish for the Court to retain ancillary jurisdiction for
the purpose enforcing any settlement agreement, they must submit a
request that the Court retain jurisdiction over enforcement of the
agreement or submit the agreement to the Court for incorporation of its
terms into an Order retaining jurisdiction within the above-referenced thirty
(30) day period for reopening the matter.
(4) The dismissal of the above-captioned action shall become with
prejudice on the thirty-first day following the date of this Order, unless any
party moves to reopen this case within thirty (30) days of the date of this
Order upon a showing that the settlement was not consummated, or the
Court extends the thirty (30) day period prior to its expiration.
(5) The Clerk of the Court is respectfully directed to close this
case and forward a copy of this Order to the parties pursuant to the
Court's local rules.
IT IS SO ORDERED.
Dated: May 23, 2017
Utica, New York
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?