Opinion
Civil Action No. 7:12-CV-297 (NAM/DEP)
05-02-2012
LISA RENO, Plaintiff, v. CREDIT BUREAU COLLECTION SERVICES, INC., doing business as CBCS, Defendants.
WEISBERG, MEYERS LAW FIRM Attorney for Plaintiff DENNIS R. KURZ, ESQ. HISCOCK, BARCLAY LAW FIRM Attorney for Defendant JOHN P. GAUGHAN, ESQ.
APPEARANCES:
WEISBERG, MEYERS LAW FIRM
Attorney for Plaintiff
OF COUNSEL:
DENNIS R. KURZ, ESQ.
HISCOCK, BARCLAY LAW FIRM
Attorney for Defendant
JOHN P. GAUGHAN, ESQ.
Norman A. Mordue, Chief U.S. District Judge
JUDGMENT DISMISSING ACTION
BASED UPON SETTLEMENT
The Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel has also advised the Court that no infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is hereby
ORDERED, as follows:
1) The above captioned case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within sixty days of the date of the filing of this order upon a showing that the settlement was not consummated;
2) The dismissal of the above captioned case shall become with prejudice on the thirty-first day after the date of the filing of this order unless any party moves to re-open this case within thirty days of the date of filing of this order upon a showing that the settlement was not consummated. Upon completion of settlement, the parties are directed to exchange general releases and file a Stipulation of Discontinuance with the Court that must include language "that no party hereto is an infant or incompetent" in compliance with N.D.N.Y.L.R. 41.3; and
3) The Clerk shall serve copies of this Judgment upon counsel in this matter by electronic means.
Dated: May 2, 2012
Syracuse, New York
___________________________
Norman A. Mordue
Chief United States District Court Judge