Jacobsen v. Dhundale et al
Filing
87
ORDER OF DISMISSAL BY REASON OF SETTLEMENT: This 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 30 days of the date of this Order if the settlemen t is not consummated. Any application to reopen this case must be filed within 30 days of the date of this Order. The dismissal of this 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 30 days of the date of this Order upon a showing that the settlement was not consummated or the Court extends the 30 day period prior to its expiration. Signed by Senior Judge Frederick J. Scullin, Jr. on 1/13/2017. (nmk)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MS. MARGO JACOBSEN,
Plaintiff,
v.
5:16-CV-56
(FJS/TWD)
DR. DANIEL SUDILOVSKY and
CAYUGA MEDICAL CENTER AT
ITHACA,
Defendants.
ORDER OF DISMISSAL BY REASON OF SETTLEMENT
The mediator advised the Court that the parties have settled this action or are in the
process of settling this action. See Dkt. No. 86. Furthermore, a review of the Court’s docket
indicates that no infant or incompetent is a party to this action. Accordingly, pursuant to
N.D.N.Y. L.R. 68.2(a), the Court hereby
ORDERS that the above-captioned case is 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; and the Court further
ORDERS that 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 (30)
day period, unless the Court has extended that period prior to its expiration, may be summarily
denied solely on the basis of untimeliness; and the Court further
ORDERS that, if the parties wish for the Court to retain ancillary jurisdiction for the
purpose of 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; and the Court further
ORDERS that 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; and the
Court further
ORDERS that the Clerk of the Court shall close this case and serve a copy of this Order
on the parties pursuant to the Court's Local Rules.
IT IS SO ORDERED.
Dated: January 13, 2017
Syracuse, New York
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