Filed: Feb. 04, 2020
Latest Update: Feb. 04, 2020
Summary: CONDITIONAL ORDER OF DISCONTINUANCE WITHOUT PREJUDICE VICTOR MARRERO , District Judge . Counsel for defendants, on behalf of the parties, having notified the Court, by letter dated February 3, 2020, a copy of which is attached, that the parties have reached an agreement in principle to resolve this action without further litigation, it is hereby ORDERED, that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of
Summary: CONDITIONAL ORDER OF DISCONTINUANCE WITHOUT PREJUDICE VICTOR MARRERO , District Judge . Counsel for defendants, on behalf of the parties, having notified the Court, by letter dated February 3, 2020, a copy of which is attached, that the parties have reached an agreement in principle to resolve this action without further litigation, it is hereby ORDERED, that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of t..
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CONDITIONAL ORDER OF DISCONTINUANCE WITHOUT PREJUDICE
VICTOR MARRERO, District Judge.
Counsel for defendants, on behalf of the parties, having notified the Court, by letter dated February 3, 2020, a copy of which is attached, that the parties have reached an agreement in principle to resolve this action without further litigation, 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 Dismissal for the Court to So Order. Otherwise, within such time plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the settlement is not consummated. Upon such notification, the defendants shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action and any pending motions 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 days of the plaintiffs' application for reinstatement, to schedule remaining pre-trial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that plaintiffs have not requested restoration of the case to the active calendar within such period of time.
Any further conferences with the Court scheduled are canceled but shall be rescheduled as set forth above in the event plaintiffs notify the Court that the parties' settlement was not effectuated and that such conference is necessary to resume pretrial proceedings herein.
The Clerk of Court is directed to terminate any pending motions and to close this case.
SO ORDERED.
February 3, 2020
Via ECF
Honorable James L. Cott
United States District Judge
United States Courthouse
Southern District of New York
500 Pearl St., Room 21D
New York, NY 10007
Re: Shulman, Kevin, et al. v. Becker & Poliakoff, LLP, et al.
Docket No. : 17-cv-9330-VM-JLC
Our File No. : 3716-103784
Dear Magistrate Judge Cott:
We represent defendant/third-party plaintiff, Helen Davis Chairman. We respectfully submit this letter in response to the Court's request for a status update on the mediation conducted January 31, 2020.
We believe the parties have reached a resolution and are in the process of circulating documentation. It is requested that the Court adjourn all pending dates for a period of thirty days in order that the settlement may be finalized.
Thank you for your kind consideration of this request.
Respectfully submitted,
________
MARIAN C. RICE
