JNS Holding Corp (JNSH)

[StarToSteerBy]

Ouch! That made my head hurt to read. Looks like JNSH's lawyers are all over it. LOL:

Judge Furman did not dismiss the SDNY Lawsuit “without prejudice, with the right to reopen within thirty (30) days if the settlement was not consummated,” as mis-quoted by CCGI in its response. (Dkt. no. 30, p. 7). CCGI has added the additional comma in its Response in an attempt to obscure the terms of the order. Judge Furman’s April 23 order clearly states, “It is hereby ORDERED that the above-titled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty (30) days if the settlement is not consummated.” (Dkt. no. 16, ex. B). No second comma. CCGI glosses over the specific language of Judge Furman’s Order so that it can argue that the SDNY Lawsuit was not fully and finally dismissed thirty (30) days after April 23, 2013. (Resp., Dkt. no. 30, p. 7). The case was not dismissed without prejudice generally, as CCGI now suggests to this Court by misrepresenting the placement of a comma. Rather, the dismissal was without prejudice subject only to “the right to reopen the action within thirty (30) days if the settlement is not consummated.”
A dismissal with leave to reinstate becomes a final order of dismissal when the plaintiff chooses not move to reinstate within the time provided in the order. Parisi v. Cooper, 961 F. Supp. 1247 (N.D. Ill. 1997) (Judge Shadur finding “dismissal with leave to reinstate is not a final order until the time specified for reinstatement has expired”). In Parisi, Judge Shadur noted, “this Court’s regular practice of expressly providing that the failure to file a timely motion to reinstate will cause the dismissal order immediately to become final.” Id. at 1248. Thus, as of May 23, 2013, Judge Furman’s dismissal of the SDNY Lawsuit was a final dismissal.