Opinion
Civil Action No. 7:11-CV-1351 (NAM/TWD)
05-28-2013
ROGER L. TAYLOR, Plaintiff, v. VERMONT RAILWAY, Defendant.
David Lockard & Associates Attorney for Plaintiff Downs, Rachlin Law Firm Attorney for Defendants OF COUNSEL: David L. Lockard, Esq. Danielle L. Pennetta, Esq. Marc B. Heath, Esq.
APPEARANCES: David Lockard & Associates
Attorney for Plaintiff
Downs, Rachlin Law Firm
Attorney for Defendants
OF COUNSEL: David L. Lockard, Esq. Danielle L. Pennetta, Esq.
Marc B. Heath, Esq.
Norman A. Mordue, U.S. District Judge
JUDGMENT DISMISSING ACTION
BASED UPON SETTLEMENT
Pursuant to a report of the mediator (Dkt. No. 59), the parties have entered into an agreement in settlement of all claims in 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
______________________
Honorable Norman A. Mordue
U.S. District Judge