UCCIARDI et al v. E. I. DU PONT DE NEMOURS AND COMPANY

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATIONS, Defendant's motion to dismiss is GRANTED and Plaintiff's emotional distress claim is DISMISSED. Signed by Judge Freda L. Wolfson on 3/23/2016. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
__________________________________
:
DINA UCCIARDI, et al.,
:
:
Plaintiff,
:
:
Civil Action No.: 13-4952 (FLW)
v.
:
:
ORDER
E.I. DUPONT DE NEMOURS AND CO., :
:
Defendant.
:
__________________________________ :
THIS MATTER having been opened to the Court on a Report and Recommendation,
dated February 26, 2016, rendered by the Magistrate Judge, recommending that this Court grant
Defendant E.I. DuPont de Nemours and Co.’s (“Defendant”) motion to dismiss Plaintiff Dina
Ucciardi’s (“Plaintiff”) emotional distress claim for failure to abide certain court discovery orders;
it appearing that, to date, Plaintiff has not objected to the Report and Recommendation; it
appearing that in the Report, the Magistrate Judge weighed the factors, set forth in Poulis v. State
Farm Casualty Co., 747 F.2d 863 (3d Cir. 1982), to determine whether the sanction of dismissing
Plaintiff’s emotional distress claim was appropriate pursuant to Fed. R. Civ. P. 37(b)(2); it
appearing that the Court finds the Magistrate Judge’s reasoning sound, particularly since Plaintiff
was responsible for her repeated failures to produce relevant information regarding her emotional
distress claim, which blatantly violated the Magistrate Judge’s orders; it appearing that having
reviewed the Magistrate Judge’s Recommendation, for the reasons set forth herein, and for good
cause shown,
IT IS on this 23rd day of March, 2016,
ORDERED that the Magistrate Judge’s Report and Recommendation is hereby

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ADOPTED; it is further
ORDERED that Defendant’s motion to dismiss is GRANTED, and Plaintiff’s emotional
distress claim is DISMISSED.

/s/ Freda L. Wolfson
_
Freda L. Wolfson, U.S.D.J.

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