The following excerpt is from Schenck v. Bear, Stearns & Co., Inc., 583 F.2d 58 (2nd Cir. 1978):
Defendants' counsel made no request for a dismissal. There had been no other pretrial or scheduling conference, nor was there any judicial participation indicating that a dismissal might be in the offing. 4 Compare Ali v. A & G Co., Inc., 542 F.2d 595 (2d Cir. 1976).
The district judge then endorsed the following orders on the back of the complaint:
A pretrial conference was held in this case on 1/13/78.
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