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Campbell v. Consolidated Rail Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 6, 2009

HAROLD E. CAMPBELL, JR., PLAINTIFF,
v.
CONSOLIDATED RAIL CORP.; AND CSX TRANSPORTATION, INC., DEFENDANTS.

The opinion of the court was delivered by: Glenn T. Suddaby, United States District Judge

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT

The Court having facilitated extensive settlement negotiations on 1/5/09 and 1/6/09 with counsel to the parties in this action, prior to jury selection, and the Court having been advised 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 calendar of the Court. It is therefore hereby

ORDERED that this action is DISMISSED in its entirety without prejudice pursuant to the procedure as set forth in L.R. 68.2(a) of the Local Rules of this court. This judgment is issued without prejudice to the right of the parties to secure reinstatement of the case within thirty (30) days after the date of this judgment by making a showing that the settlement was not, in fact, consummated; and in the event that no request is made for reinstatement within thirty (30) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice; and it is further

ORDERED that the Clerk shall serve copies of this Judgment upon the attorneys for the parties appearing in this action.

20090106

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