Opinion
Civil Action: 5:11-CV-810 (FJS/TWD)
02-13-2013
ROSEMARY LAQUIDARI as executrix of the Estate of Benjamin Laquidari Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
FOR PLAINTIFF DeFrancisco, Falgiatano Law Firm FOR DEFENDANT : Office of the United States Attorney OF COUNSEL : Charles L. Falgiatano, Esq. William F. Larkin, AUSA
APPEARANCES:
FOR PLAINTIFF
DeFrancisco, Falgiatano Law Firm FOR DEFENDANT: Office of the United States Attorney OF COUNSEL: Charles L. Falgiatano, Esq. William F. Larkin, AUSA 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: February 13, 2013
Syracuse, New York
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Frederick J. Scullin, Jr.
Senior United States District Court Judge