Nichols
v.
Roach

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORKAug 30, 2011
5:10-CV-737 (NAM/GHL) (N.D.N.Y. Aug. 30, 2011)

5:10-CV-737 (NAM/GHL)

08-30-2011

James Nichols, Plaintiff, v. Peter T. Roach and Associates, PC, Defendant.

Weisberg & Meyers, LLC Attorney for Plaintiff Mel S. Harris & Associates, LLC and Peter T. Roach & Associates, PC Attorneys for Defendant OF COUNSEL: Dennis R. Kurz, Esq Scott E. Wortman, Esq. Peter T. Roach, Esq.


APPEARANCES:

Weisberg & Meyers, LLC


Attorney for Plaintiff


Mel S. Harris & Associates, LLC


and


Peter T. Roach & Associates, PC


Attorneys for Defendant


OF COUNSEL:

Dennis R. Kurz, Esq

Scott E. Wortman, Esq.

Peter T. Roach, 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. (Dkt. No. 26). 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 sixtieth first day after the date of the filing of this order unless any party moves to re-open this case within sixty 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 motion for summary judgment (Dkt. No. 24) and the letter motion requesting a pre-motion conference (Dkt. No. 25) are denied and terminated as moot.
4) The Clerk shall serve copies of this Judgment upon counsel in this matter by electronic means.


IT IS SO ORDERED.

Dated: August 30, 2011


Syracuse, New York


Norman A. Mordue


Chief United States District Court Judge