Brown v. NYS Dept. of Correct, et al

Filing 57

ORDER that the action and all claims and cross-claims therein are hereby dismissed with prejudice. Each party must bear its own costs; and it is furtherORDERED, that if there is a material breach of the terms of settlement, either party, on notice, may move to vacate this dismissal order and restore the case to the calendar. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 10/15/09. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

CURTIS BROWN, Plaintiff, SETTLEMENT ORDER -vs02-CV-6666L NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

Defendant.

The Court having been advised by counsel that the above action has been settled, it is therefore ORDERED, that the action and all claims and cross-claims therein are hereby dismissed with prejudice. Each party must bear its own costs; and it is further ORDERED, that if there is a material breach of the terms of settlement, either party, on notice, may move to vacate this dismissal order and restore the case to the calendar. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York October 15, 2009