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Michael Henner Elizabeth Henner v. Nicholas D. Di Cello

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 20, 2011

MICHAEL HENNER ELIZABETH HENNER, PLAINTIFFS,
v.
NICHOLAS D. DI CELLO, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

The parties having advised the Court that they have reached a tentative settlement of the claims in this case, defendant's motion to dismiss (Dkt. #5), and plaintiffs' motions for a stay (Dkt. #8) and for leave to file an amended complaint (Dkt. #17) are denied as moot, without prejudice to refiling in the event that the proposed settlement is not finalized or effectuated.

IT IS SO ORDERED.

20110420

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