Opinion
CIVIL NO. 5:08-CV-401 (GTS/GHL).
February 19, 2009
For Plaintiff: Daniel E. Kornfeld, Esq., BLITMAN, KING LAW FIRM, Franklin Center, Syracuse, New York.
For Defendant: Richard K. Muser, Esq., CLIFTON, BUDD LAW FIRM, New York, New York.
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 (Dkt # 24), 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 have 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.