Baker v. CGSR, Inc. et al

Filing 37

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT Having been advised by the parties that this action has been settled, the case is dismissd without prejudice pending final settlement. The Court retains jurisdiction to reopen action for good cause shown by motion within 60 days. Thereafter, the dismissal will become with prejudice. Upon settlement a stipulation of discontinuance shall be filed in accordance with NDNY Local Rule 41.3.. Signed by Senior Judge Frederick J. Scullin, Jr on 2/25/2014. (bjw, )

UNITED STATES DISTRICT COURT OF
THE NORTHERN DISTRICT OF NEW YORK
RITA BAKER
VS.
CIVIL NO. 8:13-CV-1111 (FJS/RFT)

CGSR, INC. and MOSES-LUDINGTON
NURSING HOME COMPANY, INC.

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
This Court has been advised by counsel that this action has been settled, or is in the
process of being settled. Counsel of record have also advised this 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 that:
1) The above captioned case is hereby DISMISSED, in its entirety, without
prejudice to re-opening, upon the motion of any party within (60) sixty days of the date of
the filing of this order upon a showing that settlement was not consummated;
2) The dismissal of the above captioned case shall be considered with prejudice on
the (61) sixty-first day after the date of the filing of this order unless any party moves to reopen this case within (60) sixty days of the date of filing of this order upon a showing that
the settlement was not consummated. Upon completion of settlement, the parties are directed
to exchange general releases and file a Stipulation of Discontinuance with the Court that

must include language “that no party hereto is an infant or incompetent” in compliance
with N.D.N.Y.L.R. 41.3; and
3) The Clerk shall serve by electronic means copies of this Judgment upon the
attorneys for the parties appearing in this action.

IT IS SO ORDERED.

Dated: February 25, 2014
Syracuse, New York

______________________________
Senior United States District Judge