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Contract: Other | New York Southern
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)1(A)(ii): IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their respective undersigned counsel, that the above-captioned action is voluntarily dismissed with prejudice against defendant Adam Herfield pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii), with each side to the bear their own fees and costs. The parties have stipulated to the dismissal of this action under Rule 41(a)(1)(A)(ii). The Clerk of Court is directed to close the case. (Adam Herfield terminated.) (Signed by Judge Gregory H. Woods on 2/12/2018) (anc)
Order of Discontinuance
ORDER: By letter dated January 22, 2018, the parties have informed the Court that this case has settled. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and to close this case. (Signed by Judge Gregory H. Woods on 1/22/2018) (mro)
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