Saraceni v. Aetna Life Insurance Company et al

Filing 36

ORDER OF DISMISSAL BY REASON OF SETTLEMENT: This action is hereby dismissed and discontinued in its entirety, without costs and without prejudice to reopen within 45 days if the settlement is not consummated. The dismissal of this action will become with prejudice on the 46th day following the date of this Order. The Clerk has closed this case. Signed by Judge David N. Hurd on 10/13/2017. (jmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

MICHAEL N. SARACENI,
Plaintiff,

Civil Action No.
5:16-CV-1460 (DNH/ATB)

v.
AETNA LIFE INSURANCE COMPANY,
et al.,
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 forty-five (45) days of the date of
this Order if the settlement is not consummated.
(2)

Any application to reopen this case must be filed within forty-

five (45) days of the date of this Order. An application to reopen filed after
the expiration of that forty-five (45) 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 fortyfive (45) day period for reopening the matter.
(4)

The dismissal of the above-captioned action shall become with

prejudice on the forty-sixth day following the date of this Order, unless any
party moves to reopen this case within forty-five (45) days of the date of
this Order upon a showing that the settlement was not consummated, or
the Court extends the forty-five (45) 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.

Dated:

October 13, 2017
Utica, NY

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