Material Handling Prods. Corp. v. Nacco Materials Handling Grp. Inc.

Full title: MATERIAL HANDLING PRODUCTS CORPORATION, Plaintiff/Counter-Defendant, v…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Sep 29, 2011

Civil Case No. 1:11-CV-118 (N.D.N.Y. Sep. 29, 2011)

Opinion

Civil Case No. 1:11-CV-118

09-29-2011

MATERIAL HANDLING PRODUCTS CORPORATION, Plaintiff/Counter-Defendant, v. NACCO MATERIALS HANDLING GROUP, INC., d/b/a Yale Materials Handling Corporation, Defendant/Counter-Claimant.

PHILLIPS, LYTLE LAW FIRM Attorneys for Plaintiff/Counter-Defendant HANCOCK & ESTABROOK Attorneys for Defendant/Counter-Plaintiff FOLEY, LARDNER LAW FIRM Attorneys for Defendant/Counter-Plaintiff Kelly M. Lester, Esq. Marc H. Goldberg, Esq. Richard E. Honen, Esq. Ashley D. Hayes, Esq. Michael J. Lockerby, Esq.

Glenn T. Suddaby

(GTS/DRH)

Appearances:

PHILLIPS, LYTLE LAW FIRM

Attorneys for Plaintiff/Counter-Defendant

HANCOCK & ESTABROOK

Attorneys for Defendant/Counter-Plaintiff

FOLEY, LARDNER LAW FIRM

Attorneys for Defendant/Counter-Plaintiff

Of Counsel:

Kelly M. Lester, Esq.

Marc H. Goldberg, Esq.

Richard E. Honen, Esq.

Ashley D. Hayes, Esq.

Michael J. Lockerby, Esq.

Glenn T. Suddaby, U.S. District Judge

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT

The Court having been advised Magistrate Judge Homer 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 thirty (30) 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 thirty (30) 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: September 29, 2011

Syracuse, NY

Hon. Glenn T. Suddaby

U.S. District Judge