Opinion
CIVIL NO.5:09-CV-1301 (GTS/GHL)
11-29-2011
EDWARD DARROW, ET AL., Plaintiffs, v. DJO, LLC, ET AL., Defendants.
Appearances : For Plaintiffs : MICHAELS, SMOLAK LAW FIRM For Defendant DJO, LLC : SASSANI, SCHENCK LAW FIRM Allegiance House For Defendant Hanger Orthopedic: HANCOCK, ESTABROOK, LAW FIRM Of Counsel : JAN M. SMOLAK, ESQ. KATHLEEN C. SASSANI, ESQ. CHRISTINA VERONE JULIANO, ESQ. JOHN L. MURAD, JR., ESQ.
Appearances:
For Plaintiffs:
MICHAELS, SMOLAK LAW FIRM
For Defendant DJO, LLC:
SASSANI, SCHENCK LAW FIRM
Allegiance House
For Defendant Hanger Orthopedic:
HANCOCK, ESTABROOK, LAW FIRM
Of Counsel:
JAN M. SMOLAK, ESQ.
KATHLEEN C. SASSANI, ESQ.
CHRISTINA VERONE JULIANO, ESQ.
JOHN L. MURAD, JR., ESQ.
Glenn T. Suddaby, U.S. District Judge
JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
The Court having been advised by counsel that the parties in this action have entered into an agreement in settlement of all claims in this action, and that they reasonably anticipate finalizing their agreement shortly, following which this action will be discontinued, with prejudice, by stipulation pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. Counsel has also advised that no infant or incompetent is a party to this action. Based upon this development, I find that it is not necessary for this action to remain on the calendar of the Court. It is therefore hereby
ORDERED that this action is DISMISSED in its entirety without prejudice pursuant to the procedure as set forth in L.R. 68.2(a) of the Local Rules of this court. This judgment is issued without prejudice to the right of the parties to secure reinstatement of the case within sixty (60) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within sixty (60) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice; and it is further
ORDERED that the Clerk shall serve copies of this Judgment upon the attorneys for the parties appearing in this action.
Dated: November 29, 2011
Syracuse, New York
Hon. Glenn T. Suddaby
U.S. District Judge