Valerio v. Western Express, Inc. et al

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
Victor E. Valerio ,
Plaintiff,
vs.
Western Express, Inc. and Junior Daniel,
Defendant,
Civil No. 6:25-cv-360-AJB-ML
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT
The Court having been advised by Counsel (DKT # 36) and the mediator (DKT # 37) that
the parties in this action have entered into an agreement in settlement of all claims in this action,
and that they reasonably anticipate finalizing their agreement shortly; and upon review of the
docket, no party to this action is an infant or incompetent, based upon this development, I find
that it is not necessary for this action to remain on the calendar of the Court. Accordingly, it is
hereby
ORDERED that this action is DISMISSED in its entirety, without costs, and without
prejudice pursuant to the procedure as set forth in L.R. 68.1(a) of the Local Rules of this court.
This order is issued without prejudice to the right of the parties to secure reinstatement of the
case within sixty (60) days after the date of this order by making a showing that the settlement
was not, in fact, consummated; and in the event that no motion is made for reinstatement within
sixty (60) days of the date of this order, the dismissal of this case shall thereafter be with
prejudice. Any application to reopen filed after the expiration of that sixty (60) day period may
be summarily denied solely on the basis of untimeliness, unless the time period is extended by
the Court prior to its expiration.
If the parties wish for the Court to retain ancillary jurisdiction for the purpose of
enforcing any settlement agreement, they must submit a request that the Court retain jurisdiction
over enforcement of the agreement or submit the agreement to the Court for incorporation of its
Case 6:25-cv-00360-AJB-ML Document 38 Filed 05/07/26 Page 1 of 2

terms into an Order retaining jurisdiction within the above-referenced sixty (60) day period for
reopening the matter.
The Clerk of the Court is directed to close this case.
SO ORDERED
Dated: 	May 7, 2026
Utica, New York 	Hon. Anthony J. Brindisi
U.S. District Judge
Case 6:25-cv-00360-AJB-ML Document 38 Filed 05/07/26 Page 2 of 2