UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 27, 2009
NANCY A. RUSSOMANO, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ANGELO J. RUSSOMANO, DECEASED, PLAINTIFF,
ECOLAB INC., DEFENDANT.
The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge
JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT
The Court has been advised by Magistrate Randolph F. Treece, 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. Counsel also withdraws the motion for summary judgment and the motion to preclude expert testimony. Based upon this development, I find that it is not necessary for this action to remain on the court's active docket.
Therefore, it is hereby,
ORDERED that the above-captioned case is hereby DISMISSED in its entirety without prejudice to re-opening upon the motion within thirty (30) days of the date of the filing of this order upon a showing that the settlement was not consummated; and it further
ORDERED that 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 a 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 it is further
ORDERED that the motion for summary judgment (Dkt. No. 30) and the motion to preclude expert testimony (Dkt. No. 31) are withdrawn. The Clerk is directed to terminate the motions.
IT IS SO ORDERED
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