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07-279 - Rusyniak et al v. Gensini et al


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07-279 - Rusyniak et al v. Gensini et al
May 5, 2009
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DECISION and ORDER: Granting in part and Denying in part the # 24/ 25 Motion to Dismiss. Further Ordered that the # 41 Cross Motion to Amend the Amended Complaint is Granted in part and Denied in part. Further Ordered that plaintiffs shall file a signed Third Amended Complaint on or before 5/19/2009. Signed by Judge Glenn T. Suddaby on 5/5/2009. (mae)
October 30, 2009
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MEMORANDUM DECISION AND ORDER granting in part and denying in part #61 Motion for Reconsideration: Defendant's motion for reconsideration is DENIED; however, the First Cause of Action of Plaintiff's Third Amended Complaint (Dkt No. 58) is DISMISSED as barred by the three-year statute of limitations set forth in the certified translation of Article 1652 of the Panamanian Code; and it is further ORDERED that counsel for all parties are directed to appear at an in-person pretrial conference on NOVEMBER 19, 2009 at 2:00 pm in Judge Suddaby's chambers in Syracuse, New York, at which counsel are directed to appear with settlement authority. Signed by Judge Glenn T. Suddaby on 10/30/09. (lmw)
March 5, 2010
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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 ninety (90) 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 ninety (90) days of the date of this judgment, the dismissal of this case shall thereafter be with prejudice. (lmw)