Doctor's Associates Inc. v. Neverett et al

Filing 38

JUDGMENT DISMISSING CASE BY REASON OF SETTLEMENT The Court will retain jurisdiction to vacate this order upon good cause shown that settlement has not been completed and that further litigation is necessary.. Signed by Senior Judge Frederick J. Scullin, Jr on 3/30/2012. (bjw, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
DOCTOR’S ASSOCIATES Inc.
Plaintiff,
Civil Action: 8:08-CV-735 (FJS/DRH)
vs.
MARILYN M. NEVERETT; JOHN R. NEVERETT
Defendants.
____________________________________
OF COUNSEL:

APPEARANCES:
FOR PLAINTIFF
Heslin, Rothenberg Law Firm
5 Columbia Circle
Albany, New York 12203

Shanna K. Sanders, Esq.
Nicholas Mesiti, Esq.

FOR DEFENDANTS:
O’Connell, Aronowitz Law Firm
206 West Bay Plaza
Plattsburgh, New York 12901

Erin R. Mindoro, Esq.
William A. Favreau, Esq.

FREDERICK J. SCULLIN, JR.
SENIOR U.S. DISTRICT JUDGE
JUDGMENT DISMISSING ACTION
BY REASON OF SETTLEMENT
The parties have entered into an agreement in settlement of all claims in this
action, and that they reasonably anticipate finalizing their agreement within 30 days,
following which this action will be discontinued by stipulation pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure. Based upon this development, it is
no longer necessary for this action to remain on the court’s active docket.
It is therefore hereby

ORDERED that
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 two months from the date of this order upon good 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:

March 30, 2012
Syracuse, New York

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