Sheldon P. Rothenberg v. Dean Kamen and Evelyn Kamen

jn ^¡s diversity action in the Eastern District of New York for breach of contract Plaintiff Sheldon Rothenberg appeals from a judgment entered by Judge Eugene H. Nickerson on December 22, 1983, dismissing the suit pursuant to an order entered by him on September 20, 1983, during the course of a jury trial of the case, upon the court’s being advised by the parties that they had reached basic settlement terms. The order of discontinuance provided that it was “without prejudice to the right to reopen the action if the settlement js not consummated.” Nevertheless, when the plaintiff, prior to…