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Vivenzio v. City of Syracuse

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK
Jul 3, 2012
Civil Action No. 5:05-CV-531 (N.D.N.Y. Jul. 3, 2012)

Opinion

Civil Action No. 5:05-CV-531

07-03-2012

DAVID VIVENZIO, Plaintiff, v. CITY OF SYRACUSE, Defendant.

FOR PLAINTIFF : AMDURSKY, PELKY LAW FIRM FOR DEFENDANT: CITY OF SYRACUSE CORPORATION COUNSEL HANCOCK, ESTABROOK LAW FIRM OF COUNSEL : TIMOTHY J. FENNELL, ESQ. CATHERINE CARNRIKE, ESQ. JOHN POWERS, ESQ.


APPEARANCES:

FOR PLAINTIFF:

AMDURSKY, PELKY LAW FIRM

FOR DEFENDANT:

CITY OF SYRACUSE

CORPORATION COUNSEL

HANCOCK, ESTABROOK LAW FIRM

OF COUNSEL:

TIMOTHY J. FENNELL, ESQ.

CATHERINE CARNRIKE, ESQ.

JOHN POWERS, ESQ. DAVID N. HURD
U.S. DISTRICT JUDGE

JUDGMENT DISMISSING ACTION

BASED UPON SETTLEMENT

The parties 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. Based upon this development, I find that it is not necessary for this action to remain on the court's active docket.

It is therefore hereby

ORDERED, as follows:

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 three months from the date of this order upon 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: July 3, 2012

Utica, New York

______________________

United States District Judge


Summaries of

Vivenzio v. City of Syracuse

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK
Jul 3, 2012
Civil Action No. 5:05-CV-531 (N.D.N.Y. Jul. 3, 2012)
Case details for

Vivenzio v. City of Syracuse

Case Details

Full title:DAVID VIVENZIO, Plaintiff, v. CITY OF SYRACUSE, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

Date published: Jul 3, 2012

Citations

Civil Action No. 5:05-CV-531 (N.D.N.Y. Jul. 3, 2012)