Lax v. Monarch Life Insurance Company

Filing 35

ORDER: The assigned magistrate judge 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 sixty (60 ) 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 part ies 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 shal l be deemed 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 60-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 3/10/2025) (ar)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------- X
:
JAMES D. LAX,
:
:
Plaintiff,
:
:
-v :
:
MONARCH LIFE INSURANCE COMPANY,
:
:
Defendant.
:
:
------------------------------------------------------------------ X
GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 3/10/2025

1:24-cv-4249-GHW
ORDER

The assigned magistrate judge 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 sixty (60) 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 requested restoration of the case to the active calendar within such 60-day period.
The Clerk of Court is further directed to terminate all pending motions, adjourn all

1

As explained in Rule 4(E) 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.

remaining dates, and to close this case.
SO ORDERED.
Dated: March 10, 2025
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

2