UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 29, 2011
JOHN R. DONOGHUE, AS TRUSTEES OF THE LABORERS' PENSION FUND OF LOCAL UNION 186, THE LABORERS' WELFARE FUND OF LOCAL 186 AND THE LABORERS' LOCAL NO. 186 EDUCATION AND TRAINING FUND, ET AL., PLAINTIFFS,
H. SCHICKEL GENERAL CONTRACTING, INC. AND HUGH SCHICKEL, DEFENDANTS.
The opinion of the court was delivered by: Glenn T. Suddaby, U.S. District Judge
JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT
The Court having been advised by counsel that the parties in this action 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 has also advised that no infant or incompetent is a party to this action. 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 sixty (60) 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 sixty (60) 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 electronically serve copies of this Judgment upon the attorneys for the parties appearing in this action and serve pro se defendant via regular mail.
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