Dixon et al v. Albany County Board of Elections et al

Filing 115

ORDER adopting Report and Recommendations re 114 Report and Recommendations. ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed 218/2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORD ERED, that the motions of the Board of Elections defendants and Willingham for sanctions against plaintiffs for the failure of Brown, Poole, and Carter to attend their depositions (Dkt. Nos. 86, 106) is GRANTED as to Brown, Poole, and Carter as follo ws: A. Brown, Poole and Carter are DISMISSED with prejudice from this action as plaintiffs; B. Brown is ordered to pay the Board of Elections defendants a total of $493.33 and Willingham a total of $210; and C. Poole is ordered to pay the B oard of Elections defendants a total of $493.33 and Willingham a total of $210; and D. Carter is ordered to pay the Board of Elections defendants a total of $493.00 and Willingham a total of $210; and 2. DENIED as to Dixon and Jus tus4us in all respects; and it is further ORDERED, that the case is referred to the Magistrate Judge to schedule a conference to establish a schedule for completion of the case. Signed by Judge Gary L. Sharpe on 3/22/2010. (Attachments: # 1 Report-Recommendation and Order by Magistrate Judge David R. Homer) (dpk)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------CLIFTON M. DIXON; JUSTUS4US, the Poor People's Campaign, Inc.; LOUIS W. BROWN; FRANCES POOLE; and CLEO B. CARTER, Plaintiffs, -v.Civil Action No. 1:08-cv-502 (GLS/DRH) ALBANY COUNT BOARD OF ELECTIONS; VIRGINIA MAFFIA TOBLER; ALBANY COUNTY DEMOCRATIC COMMITTEE; COUNTY OF ALBANY; JAQUELINE F. JONES; WANDA F. WILLINGHAM; JAMES FREZZELL; STEPHANIE GALKA; MATTHEW GALKA; and MATTHEW CLYNE, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFFS: CLIFTON M. DIXON Plaintiff Pro Se Post Office Box 9053 Albany, New York 12209 Office of Samuel N. Iroegbu Attorney for Plaintiff Justus4us Suite 206 1531 Central Avenue Albany, New York 12205 SAMUEL N. IROEGBU, ESQ. OF COUNSEL:

LOUIS W. BROWN Plaintiff, Pro Se 1 Bleecker Terrace #116 Albany, New York 12206 FRANCES POOLE Plaintiff Pro Se 110 Second Street #107 Albany, New York 12210 CLEO B. CARTER Plaintiff Pro Se 621 Central Avenue Albany, New York 12206 FOR THE DEFENDANTS: Napierski, Vandenburgh & Napierski L.L.P. Attorney for Board of Elections defendants 296 Washington Avenue Extension Albany, New York 12203 Office of William J. Conboy, II Attorney for Defendant Maffia Tobler Suite 1000 112 State Street Albany, New York 12207 Crane, Parente & Cherubin Attorney for Defendant Democratic Committee 90 State Street Albany, New York 12207 THOMAS J. O'CONNOR, ESQ. ASA S. NEFF, ESQ.

WILLIAM J. CONBOY, II, ESQ.

CLEMENTE J. PARENTE, ESQ.

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Feeney, Centi & Mackey Attorney for Defendant Jones 116 Great Oaks Boulevard Albany, New York 12203 DerOhannesian & DerOhannesian Attorney for Defendant Willingham Suite 202 677 Broadway Albany, New York 12207 GARY L. SHARPE, U.S. DISTRICT JUDGE

L. MICHAEL MACKEY, ESQ.

PAUL DEROHANNESIAN, II, ESQ. JENNIFER C. ZEGARELLI, ESQ.

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David R. Homer, duly filed February 18, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed February 18, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the motions of the Board of Elections defendants and Willingham for sanctions against plaintiffs for the failure of Brown, Poole,

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and Carter to attend their depositions (Dkt. Nos. 86, 106) is: 1. GRANTED as to Brown, Poole, and Carter as follows: A. Brown, Poole and Carter are DISMISSED with prejudice from this action as plaintiffs; B. Brown is ordered to pay the Board of Elections defendants a total of $493.33 and Willingham a total of $210; and C. Poole is ordered to pay the Board of Elections defendants a total of $493.33 and Willingham a total of $210; and D. Carter is ordered to pay the Board of Elections defendants a total of $493.00 and Willingham a total of $210; and 2. DENIED as to Dixon and Justus4us in all respects; and it is further ORDERED, that the case is referred to the Magistrate Judge to schedule a conference to establish a schedule for completion of the case, and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

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IT IS SO ORDERED. Dated: March 22, 2010 Albany, New York

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