42 Case 3 02 cv 00414 MRK Document

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					     Case 3:02-cv-00414-MRK            Document 42        Filed 08/13/2004       Page 1 of 2



                            UNITED STATES DISTRICT COURT
                              DISTRICT OF CONNECTICUT


TALLMADGE BROS., INC.                                 :
ONE 28' X 60' FLOATING STEEL BARGE,                   :
 LOCATED IN LONG ISLAND SOUND,                        :
 BRIDGEPORT, CT                                       :
MILDRED B, TOW/PUSH BOAT,                             :      Civil No. 3:02cv414 (MRK)
                                                      :
                       Plaintiffs,                    :
                                                      :
v.                                                    :
                                                      :
PEDRO HERNANDEZ, ET AL.,                              :
                                                      :
                       Defendants.                    :


                                             ORDER

       Tallmadge Bros., a plaintiff in the above-captioned matter, on behalf of itself and its

surety, Hartford Fire Insurance Company, filed a Motion for Return of Security and Release from

Undertaking [doc. #41]. The parties reported the case settled, and the Court consequently issued

a Rule 41(b) Notice of Dismissal [doc. #39] on December 4, 2003. Closing papers not having

been filed nor requests for continuance having been submitted within 30-days, a Judgment [doc.

# 40] dismissing the complaint was entered on March 3, 2004 in accordance with Rule 41(b).

Furthermore, to date, no party has moved to reopen the case. Therefore, the Court GRANTS the

Motion for Return of Security and Release from Undertaking [doc. #41], and the Clerk shall

return the sums Tallmadge Bros. and Hartford Fire Insurance Company filed as security pursuant

to an interim stipulation for value and undertaking for security for costs and claims [doc. #8] in

the amount of $47, 500.
     Case 3:02-cv-00414-MRK        Document 42       Filed 08/13/2004       Page 2 of 2



                                                          IT IS SO ORDERED.



                                                    /s/        Mark R. Kravitz
                                                          United States District Judge

Dated at New Haven, Connecticut: August 12, 2004.




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