Weston v. Simon's Agency, Inc.

Filing 24

ORDER DISMISSING CASE: approving the # 23 Stipulation of the parties, this case is dismissed with prejudice, each party to bear its own fees and costs. Signed by Senior Judge Norman A. Mordue on 1/24/2017. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ ROBERT WESTON, Plaintiff, Case No.: 5:16-cv-00600-GLS-TWD vs. SIMON’S AGENCY, INC., Defendants. ______________________________________ JOINT STIPULATION OF DISMISSAL WITH PREJUDICE Plaintiff Robert Weston (hereinafter “Plaintiff”), and Simon’s Agency, Inc., (hereinafter “Defendant”) hereafter collectively “the Parties,” state as follows: WHEREAS, Plaintiff filed a complaint on May 24, 2016 and an amended complaint on June 22, 2016, alleging that Defendants violated 15 U.S.C. § 1695, and, WHEREAS, on July 15, 2016 Defendant’s filed an Answer with Affirmative Defenses; and WHEREAS Plaintiff wishes to discontinue the action and no longer pursue same; it hereby AGREED that Plaintiff, ROBERT WESTON and Defendant, SIMON’S AGENCY, INC., by and through their respective counsel below, and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), stipulate to dismiss this case, with prejudice, both sides to bear their own fees and costs. Respectfully submitted, this 20th day of January, 2017. ZEMEL LAW, LLC FABIANO LAW, P.C. By: /s/ Daniel Zemel DANIEL ZEMEL, Esq. Bar Roll #: 520100 Mailing Address 70 Clinton Ave., Suite 3 Newark, New Jersey 07114 Main (862) 227-3106 dz@zemellawllc.com Attorney for Plaintiff Robert Weston By: ___/s/ Francesco Fabiano___ FRANCESCO FABIANO Bar Roll #: 501184 Mailing Address: 5640 E. Taft Rd., #2025 Syracuse, New York 13220 Main (315) 453-9535 Fax (315) 461-4711 ffabiano@fabianolaw.com Attorneys for Defendant Simon's Agency, Inc. IT IS SO ORDERED.

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