Ballis et al v. United States of America et al

Filing 88

ORDER: Judge Netburn has informed the Court that this case has settled. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within forty-five (45) days of t he date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal.1 Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the even t that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be de emed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 45-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/7/2021) (rro)

Case 1:19-cv-05859-GHW Document 88 Filed 01/07/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
AMY L. BALLIS & JOSEPH M. RYAN,
:
:
Plaintiffs,:
:
-against:
:
UNITED STATES OF AMERICA, et al.,
:
:
Defendants.:
------------------------------------------------------------ X

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 1/7/2021

1:19-cv-5859-GHW
ORDER

GREGORY H. WOODS, United States District Judge:
Judge Netburn has informed the Court that this case has settled. Accordingly, it is hereby
ORDERED that this action be conditionally discontinued without prejudice and without costs;
provided, however, that within forty-five (45) days of the date of this Order, the parties may submit
to the Court their own Stipulation of Settlement and Dismissal. 1 Otherwise, within such time
Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the
event that the settlement is not consummated. Upon such application for reinstatement, the parties
shall continue to be subject to the Court’s jurisdiction, the Court shall promptly reinstate the action
to its active docket, and the parties shall be directed to appear before the Court, without the
necessity of additional process, on a date within ten (10) days of the application, to schedule
remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be
deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not

As explained in Rule 4(D) of the Court’s Individual Rules of Practice in Civil Cases, the Court will not retain
jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain
jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the
public record.

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Case 1:19-cv-05859-GHW Document 88 Filed 01/07/21 Page 2 of 2

requested restoration of the case to the active calendar within such 45-day period.
The Clerk of Court is further directed to terminate all pending motions, adjourn all
remaining dates, and to close this case.
SO ORDERED.
Dated: January 7, 2021

__________________________________
GREGORY H. WOODS
United States District Judge

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