United States of America v. $15,600.00 IN U.S. CURRENCY

Filing 22

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is dismissed with prejudice, the Court will retain complete jurisdiction to vacate this Order and to reopen the action within three months from the date of this Order upon cause shown that the settlement has not been completed and further litigation is necessary. Signed by Magistrate Judge George H. Lowe (jmb)

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

Plaintiff, Civil Action No. 7:08-CV-0368 (GHL) vs. $15, 600.00 IN U.S. CURRENCY Defendant. ____________________________________ APPEARANCES: FOR PLAINTIFF: OFFICE OF UNITED STATES ATTORNEY 445 Broadway 218 James T. Foley U.S. Courthouse Albany, New York 12207 FOR DEFENDANT: LAW OFFICE OF H. DANA VANHEE 333 East Onondaga Street Syracuse, New York 13202 GEORGE H. LOWE U.S. MAGISTRATE JUDGE H. DANA VANHEE, ESQ. THOMAS A. CAPEZZA, ESQ. Assistant United States Attorney OF COUNSEL:

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT The parties have entered into an agreement in settlement of all

claims in this action, and that they reasonably anticipate finalizing their agreement shortly, following which this action will be discontinued, with prejudice, by stipulation pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. Based upon this development, I find that it is not necessary for this action to remain on the court's active docket. It is therefore hereby ORDERED, as follows: 1) below. 2) The court will retain complete jurisdiction to vacate this order This action is dismissed, with prejudice, except as set forth

and to reopen the action within three months from the date of this order upon cause shown that the settlement has not been completed and further litigation is necessary. 3) The Clerk shall forthwith serve copies of this judgment upon

the parties and/or their attorneys appearing in this action by electronic means. Dated: April 20, 2009 Syracuse, New York

2