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09-2620 - Boria v. Schismenos et al


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09-2620 - Boria v. Schismenos et al
February 10, 2010
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Report and Recommendation During the Case management conference on 2/10/2010 plaintiff agreed to dismiss defendants Kohler, Packart, Indoe, Remington, and Harrisville Township with prejudice. The remaining parties reached settlement with filing fees to be paid by defendants. It is recommended that the above-named defendants be dismissed from the action with prejudice and the case with regard to the remaining parties be dismissed with prejudice in accordance with the terms of the settlement entered on 2/10/2010. re 1. Objections to R&R due by 2/24/2010. Magistrate Judge James S. Gallas on 2/10/2010. (W,G)
March 3, 2010
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Order The Court adopts Judge Gallas's R&R (Doc. 15). Plaintiff's case, therefore, is Dismissed With Prejudice, pursuant to the terms of the settlement agreement as stated on the record during the CMC on February 10, 2010. It is Ordered that this case is hereby closed. The Court, however, retains jurisdiction to:(1) vacate this Order and reopen the action upon cause shown that settlement has not been completed and further litigation is necessary; or (2) alter the terms of settlement and dismissal upon agreement of the parties. Signed by Judge Kathleen M. O'Malley on 3/3/10. (K,K)