Wing v. National Railroad Passenger Corporation

Justia Dockets & Filings Second Circuit New York Northern District Wing v. National Railroad Passenger Corporation

Wing v. National Railroad Passenger Corporation

Plaintiff:	Rodney Wing
Defendant:	National Railroad Passenger Corporation
Case Number:	1:2016cv01527
Filed:	December 23, 2016
Court:	U.S. District Court for the Northern District of New York
Office:	Albany Office
County:	Rensselaer
Presiding Judge:	Therese Wiley Dancks
Presiding Judge:	David N. Hurd
Nature of Suit:	Other Personal Injury
Cause of Action:	45 U.S.C. § 51
Jury Demanded By:	Both

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Date Filed	Document Text
September 26, 2017	Filing 29 ORDER OF DISMISSAL BY REASON OF SETTLEMENT: The Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel has also advised the Court that no infant or incompetent is a party to this action. Ac cordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is hereby ORDERED as follows: (1) This case is hereby dismissed and discontinued in its entirety, without costs, and without prejudice to the right of any party to reopen this action within sixty (60) d ays of the date of this Order if the settlement is not consummated. (2) Any application to reopen this case must be filed within sixty (60) days of the date of this Order. An application to reopen file after the expiration of that sixty-day period, u nless it is extended by the Court prior to its expiration, may be summarily denied solely on the basis of untimeliness. (3) If the parties wish for the Court to retain ancillary jurisdiction for the purpose enforcing any settlement agreement, they mu st submit a request that the Court retain jurisdiction over enforcement of the agreement or submit the agreement to the Court for incorporation of its terms into an Order retaining jurisdiction within the above-referenced sixty days (60) day period f or reopening the matter. (4) The dismissal of the above-captioned action shall become with prejudice on the sixty-first day following the date of this Order, unless any party moves to reopen this case within (60) days of the date of this Order upon a showing that the settlement was not consummated, or the Court extends the sixty (60) day period prior to its expiration. (5) The Clerk of the Court is respectfully directed to close this case and forward a copy of this Order to the parties pursuant to the Court's local rules. Signed by Judge David N. Hurd on 9/26/2017. (mc)

Date Filed

Document Text

September 26, 2017

Filing 29 ORDER OF DISMISSAL BY REASON OF SETTLEMENT: The Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel has also advised the Court that no infant or incompetent is a party to this action. Ac cordingly, pursuant to N.D.N.Y.L.R. 68.2(a), it is hereby ORDERED as follows: (1) This case is hereby dismissed and discontinued in its entirety, without costs, and without prejudice to the right of any party to reopen this action within sixty (60) d ays of the date of this Order if the settlement is not consummated. (2) Any application to reopen this case must be filed within sixty (60) days of the date of this Order. An application to reopen file after the expiration of that sixty-day period, u nless it is extended by the Court prior to its expiration, may be summarily denied solely on the basis of untimeliness. (3) If the parties wish for the Court to retain ancillary jurisdiction for the purpose enforcing any settlement agreement, they mu st submit a request that the Court retain jurisdiction over enforcement of the agreement or submit the agreement to the Court for incorporation of its terms into an Order retaining jurisdiction within the above-referenced sixty days (60) day period f or reopening the matter. (4) The dismissal of the above-captioned action shall become with prejudice on the sixty-first day following the date of this Order, unless any party moves to reopen this case within (60) days of the date of this Order upon a showing that the settlement was not consummated, or the Court extends the sixty (60) day period prior to its expiration. (5) The Clerk of the Court is respectfully directed to close this case and forward a copy of this Order to the parties pursuant to the Court's local rules. Signed by Judge David N. Hurd on 9/26/2017. (mc)

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Plaintiff: Rodney Wing
Represented By:	Stephen R. Coffey
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Defendant: National Railroad Passenger Corporation
Represented By:	John A. Bonventre
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