Opinion
No. 8:11-CV-307 (NAM/DRH)
09-07-2011
WORLD WAREHOUSE AND DISTRIBUTION, INC. Plaintiff, Counter-Defendant, v. STEVEN & COMPANY, Defendant, Counter-Claimant.
Gravel, Shea Law Firm Attorney for Plaintiff Whiteman, Osterman Law Firm and Arnstein, Lehr Law Firm Attorneys for Defendant OF COUNSEL: Andrew D. Manitsky, Esq. John J. Henry, Esq. David S. Wayne, Esq.
APPEARANCES:
Gravel, Shea Law Firm
Attorney for Plaintiff
Whiteman, Osterman Law Firm
and
Arnstein, Lehr Law Firm
Attorneys for Defendant
OF COUNSEL:
Andrew D. Manitsky, Esq.
John J. Henry, Esq.
David S. Wayne, Esq.
Norman A. Mordue, Chief U.S. District Judge
JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
The Court has been advised by United States Magistrate Judge David R. Homer that the parties in the above-captioned case have reported to him that the case has been 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 thirty 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.
IT IS SO ORDERED
Norman A. Mordue
Chief United States District Court Judge