Kenney v. Clay et al

Filing 113

ORDER OF DISMISSING BY REASON OF SETTLEMENT: This action is dismissed in its entirety, without costs and without prejudice to the right to reopen within 60 days if its not consummated, unless extended by the Court. If the parties wish for the Court t o retain ancillary jurisdiction for the purpose of enforcing any settlement agreement, they must submit a request that the Court retain jurisdiction. The dismissal shall become with prejudice on the 61st day. Signed by Judge David N. Hurd on 9/20/2016. (jmb)

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

Derek Kenney,
Plaintiff,
vs.

Case No. 6:11-CV-790
(DNH/ATB)

Anthony Clay, Edgar Beaudin,
The City of Gloversville,
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 sixty (60) days of the date of this
Order if the settlement is not consummated.

2) Any application to reopen this case must be filed within sixty (60)
days of the date of this Order. An application to reopen filed after the
expiration of that sixty-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 sixty
(60) day period for reopening the matter.
(4) The dismissal of the above-captioned action shall become with
prejudice on the sixty-first day following the date of this Order, unless any
party moves to reopen this case within sixty (60) days of the date of this
Order upon a showing that the settlement was not consummated, or the
Court extends the sixty (60) 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.

IT IS SO ORDERED.

Dated: September 20, 2016
Utica, New York