Herrera v. Hart, et al

Filing 21

OPINION AND ORDER re: 18 LETTER MOTION for Extension of Time (Defendant Senskowski respectfully requests an extention of time from December 30, 2016, until January 30, 2017, to respond to plaintiff's motion to enforce settlement agreem ent) addressed to Judge Kim filed by Daniel Senkowski, 14 MOTION for Writ of Execution against Michael Hart and other named defendants. filed by Carlos Herrera. The Court denies Plaintiffs September 16, 2016, Motion for a Writ of Executi on or Assistance to enforce a purported settlement agreement. In support of his Motion, Plaintiff submits a "Stipulation and Order of Settlement and Dismissal" that bears signatures, but that, in fact, was never signed. The Court entered a Stipulation of Dismissal, and did not endorse any agreement giving Plaintiff any rights. For the reasons stated in the January 30, 2017, State Defendant Senkowski's Memorandum of Law in Opposition to Plaintiff's Motion to Compel Obedience to Settlement Agreement, the Court denies Plaintiffs Motion. The Clerk of the Court is directed to close this case [Docket Nos. 14 and 18]. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 4/6/2017) (kgo)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARLOS HERRERA, 95 CV 9813 (KMW) Plaintiff, OPINION AND ORDER -against- USDSSDNY DOCUMENT ELECTRONICALLY FILED MICHAEL HART, et al., Defendants. DOC#:~~~~..---,-~ DATE FILED: t(/f/ /1-i- KIMBA M. WOOD, District Judge: The Court denies Plaintiffs September 16, 2016, Motion for a Writ of Execution or Assistance to enforce a purported settlement agreement. In support of his Motion, Plaintiff submits a "Stipulation and Order of Settlement and Dismissal" that bears signatures, but that, in fact, was never signed. The Court entered a Stipulation of Dismissal, and did not endorse any agreement giving Plaintiff any rights. For the reasons stated in the January 30, 2017, State Defendant Senkowski's Memorandum of Law in Opposition to Plaintiff's Motion to Compel Obedience to Settlement Agreement, the Court denies Plaintiffs Motion. The Clerk of the Court is directed to close this case [Docket Nos. 14 and 18]. Any pending motions are moot. SO ORDERED. Dated: New York, New York April 6, 2017 THE HON. KIMBA M. WOOD United States D1str1ct Judge

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