Cook v. The County of Montgomery et al
ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Senior Judge Norman A. Mordue on 10/13/17. (alh, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
THE COUNTY OF MONTGOMERY; and
JOHN DOES 1-4, Corrections Staff,
ORDER OF DISMISSAL BY REASON OF SETTLEMENT
Magistrate Baxter held a settlement conference on September 19, 2017, with all counsel, and this
action has been settled, or is in the process of being settled. A review of the Court’s docket indicates
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 as follows:
The above-captioned case 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.
Any application to reopen this case must be filed within sixty (60) days of the date of this
Order. An application to reopen filed after the expiration of that sixty-day period, unless
it is extended by the Court prior to its expiration, may be summarily denied solely on the
basis of untimeliness.
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 sixty (60) days
for reopening this matter.
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 case 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 (60) day period prior to its expiration.
The Clerk of the Court is respectfully directed to close this case and forward a copy of this
Order to the parties pursuant to the Court’s local rules.
IT IS SO ORDERED.
Date: October 13, 2017
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