Douglas v. Smith et al

Filing 105

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: This case is dismissed in its entirety without prejudice to reopening upon motion of any party within 30 days of the date of the filing of this order upon a showing that the settlement was not consummated; and the dismissal shall become with prejudice on the thirty-first day after the filing of this order. (lmw) (Copy served upon pro se plaintiff via regular mail)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------ELLIS DOUGLAS, Plaintiff, v. M. KETZER, Corr. Officer; R. CROSS, Corr. Officer; G. KARASMANOS, Corr. Officer; M. SUTTON, Corr. Officer; McGUIRE, Corr. Officer, Defendants. ----------------------------------------------------------------No. 9:05-CV-1000 (GTS/DRH)

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT The Court has been advised by United States Magistrate Judge David R. Homer that the parties in the above-captioned case have reported to him that the case has been settled. Counsel has also advised Judge Homer 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 thirty (30) days of the date of the filing of this order upon a showing that the settlement was not consummated; 2. The dismissal of the above-captioned case shall become with prejudice on the thirty-first day after the date of the filing of this order unless any party moves to re-open this case within thirty (30) days of the date of the filing of this order upon a showing that the settlement was not consummated; and

3. The Clerk shall forthwith serve this Judgment upon the attorneys for the parties appearing in this action by electronic mail.

IT IS SO ORDERED. DATED: August 6, 2009 Albany, New York