Nelson v. Ranger, Inc.
5:2005cv00093 |
January 26, 2005 |
US District Court for the Northern District of New York |
Syracuse Office |
David E. Peebles |
Frederick J. Scullin |
Personal Inj. Prod. Liability |
28 U.S.C. ยง 1332 Diversity-Personal Injury |
Both |
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Filing 98 JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED in its entirety 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. (lmw) |
Filing 54 MEMORANDUM DECISION AND ORDER granting in part and denying in part Defendant's # 33 amended motion for summary judgment; plaintiff's failure-to-warn claim and breach-of-express warranty claim are DISMISSED; Third-party defendant's #[3 2] motion for summary judgment is DENIED; Plaintiff's # 31 motion to preclude the testimony of Defendant's experts is DENIED without prejudice; and Third-Party Defendant's # 50 motion for spoliation is DENIED. Counsel are directed to appear at a pretrial conference on DECEMBER 8, 2009 at 2:00 pm in chambers with settlement authority, and in the event that the case is not settled, trial will be scheduled at that time. Signed by Judge Glenn T. Suddaby on 11/17/09. (lmw) |
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