Horizon Mental Health Management, Inc. v. Claxton-Hepburn Medical Center

Filing 38

JUDGMENT DISMISSING ACTION BASED UPON 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
____________________________________
Horizon Mental Health Management, Inc.
doing business as
Horizon Health Behavioral Health Services,
Plaintiff,
vs.

Civil Action No. 7:09-CV-00337 (GHL)

Claxton-Hepburn Medical Center, et al,
Defendants.
____________________________________
APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF:
Damon, Morey Law Firm - Buffalo Office Brian D. Gwitt, Esq.
200 Delaware Avenue
Amber E. Storr, Esq.
12th Floor
Stephen M. O’Neill, Esq.
Buffalo, NY 14202-2150
FOR DEFENDANT:
Hancock, Estabrook Law Firm
1500 AXA Tower I
Syracuse, NY 13221

Daniel B. Berman, Esq.
Zachary M Mattison, Esq.

GEORGE H. LOWE,
UNITED STATES MAGISTRATE JUDGE,
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)

This action is dismissed, with prejudice, except as set forth

below.
2)

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.
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: May 25, 2011
Syracuse, New York

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