Opinion
CIVIL NO. 5:09-cv-556 (GTS/TWD)
02-27-2012
HOYTS CINEMAS CORPORATION and REGAL CINEMAS, INC., Plaintiffs, v. PYRAMID COMPANY OF ONONDAGA, CAROUSEL CENTER COMPANY, L.P., CAROUSEL GENERAL COMPANY, LLC, DESTINY USA HOLDINGS, LLC, and CAROUSEL MANAGEMENT COMPANY, LLC, Defendants.
Hancock & Estabrook, LLP Attorneys for Plaintiffs Costello, Cooney & Fearon, PLLC Attorneys for Defendants
Appearances:
Hancock & Estabrook, LLP
Attorneys for Plaintiffs
Costello, Cooney & Fearon, PLLC
Attorneys for Defendants
Of Counsel:
Robert D. Poyer, Esq.
Daniel B. Berman, Esq.
Robert J. Smith, Esq.
John R. Langey, 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.
Dated: February 27, 2012
Syracuse, New York
______________________
Hon. Glenn T. Suddaby
U.S. District Judge