Employers Insurance Company of Wausau v. Kingstone Insurance Company

Filing 64

ORDER: The Court having been advised by the parties that all remaining claims asserted herein have been settled in principle, Dkt. 63, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejud ice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated, as further set forth in this order. The Clerk of Court is respectfully directed to close this case.' (Signed by Judge Paul A. Engelmayer on 4/13/2020) (jwh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EMPLOYERS INSURANCE COMPANY OF WAUSAU,
Plaintiff,
-vKINGSTONE INSURANCE COMPANY,

17 Civ. 3970 (PAE)
ORDER

Defendant.
PAUL A. ENGELMAYER, District Judge:
The Court having been advised by the parties that all remaining claims asserted herein
have been settled in principle, Dkt. 63, it is ORDERED that the above-entitled action is hereby
dismissed and discontinued without costs, and without prejudice to the right to reopen the action
within sixty days of the date of this Order if the settlement is not consummated.
To be clear, any application to reopen must be filed within sixty days of this Order; any
application to reopen filed thereafter may be denied solely on that basis. Further, if the parties
wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement,
they must submit the settlement agreement to the Court within the same sixty-day period to be
“so ordered” by the Court. Per Paragraph 4(C) of the Court’s Individual Rules and Practices for
Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a
settlement agreement unless it is made part of the public record.
The Clerk of Court is respectfully directed to close this case.
SO ORDERED.

PaJA.�

__________________________________
PAUL A. ENGELMAYER
United States District Judge
Dated: April 13, 2020
New York, New York