Fuller v. CSX Transportation, Inc. et al

Filing 49

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT: It is Ordered that this case is hereby Dismissed in its entirety without prejudice to reopening upon motion within 30 days of this Order if the settlement is not consummated. Dismissal shall become wi th prejudice the 31st day if no such motion has been filed. Further Ordered that a Stipulation of Discontinuance including the language, "that no party hereto is an infant or incompetent" is to be filed upon the completion of settlement. (mae)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ SCOTT FULLER, Plaintiff, vs. CSX TRANSPORTATION, INC., et al., Defendants. ____________________________________ APPEARANCES:
The Maurer Law Firm, PLLC 300 Westage Business Center Drive Suite 360 Fishkill, New York 12524 Attorney for Plaintiff
A N M

6:05-CV-219 (NAM/DEP)

OF COUNSEL:
Ira M. Maurer, Esq.

McNamee, Lochner Law Firm 677 Broadway Albany, New York 12207-2503 Attorney for Defendant CSX Hancock, Estabrook Law Firm 1500 AXA Tower I Syracuse, New York 13221 Attorney for Deft. GCC

Scott A. Barbour, Esq.

Maureen E. Maney, Esq.

Norman A. Mordue, Chief U.S. District Judge JUDGMENT DISMISSING ACTION BASED UPON 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 in its entirety without prejudice to re-opening upon the motion of any party within thirty days of the date of the filing of this order upon a showing that the settlement was not consummated; 2) The dismissal of the above captioned case shall become with prejudice on the thirtyfirst day after the date of the filing of this order unless any party moves to re-open this case within thirty days of the date of filing of this order upon a showing that the settlement was not consummated. Upon completion of settlement, the parties are directed to exchange general releases and file a Stipulation of Discontinuance with the Court that must include language "that no party hereto is an infant or incompetent" in compliance with N.D.N.Y.L.R. 41.3; and 3) The Clerk shall serve copies of this Judgment upon counsel in this matter by electronic means. Dated: June 10, 2009 Syracuse, New York
A M N

2