Fitzgibbons v. City of Oswego et al
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|Date Filed||#||Document Text|
|March 11, 2013
JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT Having been advised by the parties that this case has been settled, the case is dismissed without prejudice pending final settlement. The Court retains jurisdiction to reopen action for good cause shown within 60 days. Thereafter, the dismissal will become with prejudice. A stipulation of discontinuance should be filed upon final settlement.. Signed by Senior Judge Frederick J. Scullin, Jr on 3/11/2013. (bjw, )
|December 13, 2011
MEMORANDUM-DECISION & ORDER: It is ordered that the County Defendant's # 19 Motion to Dismiss, is GRANTED with respect to plaintiff's third, fifth, sixth, seventh, tenth, and eleventh causes of action and DENIED in all other respects. Pla intiff's third cause of action, pursuant to New York ECL Article 37 and sixth cause of action, alleging public nuisance, are sua sponte DISMISSED as to the City Defendant and the John Doe Defendants. Plaintiff's # 26 Motion to Amend the C omplaint is GRANTED. Plaintiff shall file and serve his amended complaint within 10 days of this Memorandum-Decision & Order. This matter is referred to Magistrate Judge Andrew T. Baxter for all further pretrial matters. Signed by Senior Judge Frederick J. Scullin, Jr on 12/13/2011. (jmb)
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