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Totari v. Home Depot

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK


February 14, 2006

NASSER TOTARI, ET AL. PLAINTIFFS,
v.
HOME DEPOT, INC., ET AL. DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, U.S. District Judge

JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT

Pursuant to the notice of settlement filed on February 7, 2006, by attorney Reeb, that 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 (60) sixty days 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 first class mail.

20060214

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