Opinion
Civil Action: 1:13-CV-199 (FJS/RFT)
2013-10-21
BETH ANNE GOODSPEED, KEVIN GOODSPEED Plaintiff, v. PHOENIX INSURANCE COMPANY, individually and as a member of the St. Paul Travelers Group Defendant.
FOR PLAINTIFF Conway, Kirby Law Firm FOR DEFENDANT: Kenny, Shelton Law Firm Andrew W. Kirby, Esq. Judith Treger Shelton, Esq. Lisa A. Bauer, Esq.
APPEARANCES:
FOR PLAINTIFF
Conway, Kirby Law Firm FOR DEFENDANT: Kenny, Shelton Law Firm OF COUNSEL: Andrew W. Kirby, Esq. Judith Treger Shelton, Esq.
Lisa A. Bauer, Esq.
FREDERICK J. SCULLIN, JR.
SENIOR U.S. DISTRICT JUDGE
JUDGMENT DISMISSING ACTION
BY REASON OF SETTLEMENT
The parties have entered into an agreement in settlement of all claims in this action, and that they reasonably anticipate finalizing their agreement within 30 days, following which this action will be discontinued by stipulation pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. Based upon this development, it is no longer necessary for this action to remain on the court's active docket.
It is therefore hereby
ORDERED that
1) This action is dismissed, with prejudice, except as set forth below.
2) The court will retain complete jurisdiction to vacate this order and to reopen the action within two months from the date of this order upon good cause shown that the settlement has not been completed and further litigation is necessary.
3) The Clerk shall forthwith serve copies of this judgment upon the parties and/or their attorneys appearing in this action by electronic means. Dated: October 21, 2013
Syracuse, New York
__________________
Frederick J. Scullin, Jr.
Senior United States District Court Judge