IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK
February 17, 2011
ALLISON PELCHER, ET AL., PLAINTIFFS,
I-FLOW CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Norman A. Mordue, Chief Judge U.S. District Judge
JUDGMENT DISMISSING ACTION BASED UPON SETTLEMENT
That pursuant to the status report filed February 16, 2011 (Dkt. No. 49) , 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 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.
IT IS SO ORDERED
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