Leamer v. The Hertz Corporation et al

Filing 18

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 2/2/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
___________________________________________________
AMANDA LEAMER,
Plaintiff,
v.

5:16-CV-1319
(FJS/TWD)

THE HERTZ CORPORATION and
HERTZ GLOBAL HOLDINGS, INC.,
Defendants.
___________________________________________________
ORDER OF DISMISSAL BY REASON OF SETTLEMENT
Defendants have advised the Court that the parties have settled, or are in the process of
settling, this action. See Dkt. No. 17. 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 action 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. 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 this thirty-day period, unless the Court extends this 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 this 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: February 2, 2017
Syracuse, New York