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Krisp-Pak Sales Corp. v. Demar Foodservices

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


November 16, 2006

KRISP-PAK SALES CORP., PLAINTIFF,
v.
DEMAR FOODSERVICES, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gerard E. Lynch, District Judge

ORDER

On January 26, 2006, plaintiff's counsel advised Court staff by telephone that the parties were settling the case and would submit a stipulation of dismissal. Since that date, counsel for both sides have repeatedly assured Court staff by telephone that the stipulation would be forthcoming shortly. In a letter received in chambers on October 11, 2006, plaintiff's counsel stated that he would report to the Court on or before October 31, 2006. The Court has not received any further correspondence from either side, and plaintiff's counsel did not return a telephone message left by Court staff on November 6, 2006.

In light of the parties' repeated statements that the case is settling, it is hereby ORDERED that this action is dismissed, without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days.

SO ORDERED.

20061116

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