UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
December 22, 2008
ELAINE L. CHAO, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
PARTY RENTAL ENTERPRISES, INC., A CORPORATION, D/B/A ABLE LINEN SERVICE AND DARYLE LOGUIDICE, INDIVIDUALLY AND AS CHIEF EXECUTIVE OFFICER, DEFENDANTS.
The opinion of the court was delivered by: Norman A. Mordue, Chief U.S. District Judge
JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
Pursuant to the Settlement Conference held today, 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 that:
1. The above-captioned case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion of any party within thirty (30) 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 (30) days of the date of the filing of this order upon a showing that the settlement was not consummated; and
3. The Plaintiff's  Motion for Damages is deemed moot; and
4. Clerk shall forthwith serve this Judgment upon the attorneys for the parties appearing in this action by electronic mail.
IT IS SO ORDERED.
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