Doe v. Finster et al

Filing 21

ORDER OF DISMISSAL BY REASON OF SETTLEMENT: The Court hereby ORDERS that this action is hereby dismissed and discontinued in its entirety, without costs, and without prejudice to the right of any party to reopen this action within 60 days of the da te of this Order if the settlement is not consummated. The Court further ORDERS that any application to reopen this action must be filed within 60 days of the date of this Order. The Court further ORDERS that the dismissal of the above-captioned ac tion shall become with prejudice on the sixty-first day following the date of this Order, unless any party moves to reopen this action within 60 days of the date of this Order upon a showing that the settlement was not consummated, or the Court extends the 60 day period prior to its expiration. Signed by Senior Judge Frederick J. Scullin, Jr. on 5/30/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________
JANE DOE,
Plaintiff,
v.

7:16-CV-1457
(FJS/ATB)

ROBERT N. FINSTER, ERIC LUTHER,
AMY BIRD, KELLY AVALLONE,
HARRISVILLE CENTRAL SCHOOL
DISTRICT, and BOARD OF EDUCATION OF
THE HARRISVILLE CENTRAL SCHOOL
DISTRICT,
Defendants.
_______________________________________________
ORDER OF DISMISSAL BY REASON OF SETTLEMENT
The parties have advised the Court that they have settled or are in the process of settling
this action. See Dkt. No. 19. A review of the Court's docket indicates that no infant or
incompetent person is a party to this action. Accordingly, pursuant to N.D.N.Y. L.R. 68.2(a), the
Court hereby
ORDERS that the above-captioned action 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; and the Court
further
ORDERS that any application to reopen this action must be filed within sixty (60) days
of the date of this Order. An application to reopen filed after the expiration of this sixty-day
period, unless the Court extends that period prior to its expiration, may be summarily be denied
solely on the basis of untimeliness; and the Court further

ORDERS that, if the parties wish for the Court to retain ancillary jurisdiction for the
purpose of 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 sixtyday (60-day) period for reopening this action; and the Court further
ORDERS that 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
action 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-day (60-day) period prior to its expiration; and the
Court further
ORDERS that the Clerk of the Court shall close this action and serve a copy of this
Order on the parties pursuant to the Court's Local Rules.

IT IS SO ORDERED.

Dated: May 30, 2017
Syracuse, New York