Henner et al v. DiCello

Filing 23

ORDER that the parties having advised the Court that they have reached a tentative settlement of the claims in this case, defendants motion to dismiss 5 , and plaintiffs motions for a stay 8 and for leave to file an amended complaint 17 are denied as moot, without prejudice to refiling in the event that the proposed settlement is not finalized or effectuated.. Signed by Hon. David G. Larimer on 4/20/11. (EMA)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ MICHAEL HENNER ELIZABETH HENNER, Plaintiffs, DECISION AND ORDER 10-CV-6129L v. NICHOLAS D. DI CELLO, Defendant. ________________________________________________ The parties having advised the Court that they have reached a tentative settlement of the claims in this case, defendant’s motion to dismiss (Dkt. #5), and plaintiffs’ motions for a stay (Dkt. #8) and for leave to file an amended complaint (Dkt. #17) are denied as moot, without prejudice to refiling in the event that the proposed settlement is not finalized or effectuated. IT IS SO ORDERED. _______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York April 20, 2011.

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