Toborg et al v. United States of America

Filing 24

ORDER - That the 23 Report-Recommendation of Magistrate Judge Randolph F. Treece filed October 19, 2012 is ACCEPTED in its entirety. That Toborgs Counsel, Jonathan Fairbanks, Esq., be sanctioned as follows: (1) that he pay the Government the sum of $8,359.36 within ninety days of the filing date of the final order issued from this court. That he personally assume all costs related to the depositions of Toborgs two experts, consistent with the Judge Treeces Report-Recommendation. Signed by Chief Judge Gary L. Sharpe on 11/9/2012. (Attachments: # 1 Judge Treece's Report-Recommendation) (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------JEAN TOBORG, As Administratix of the Estate of WILLIAM TOBORG, deceased, and JEAN TORBORG, Individually Plaintiff, -v.Civil Action No. 1:11-cv-150 (GLS/RFT) UNITED STATES OF AMERICA, Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Zwiebel, Fairbanks Law Firm Kingston Office 72 Maiden Lane P.O. Box 3907 Kingston, New York 12402 JONATHAN FAIRBANKS, ESQ. FOR THE DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney Office of the United States Attorney 445 Broadway Albany, New York 12207 GARY L. SHARPE, CHIEF JUDGE DIANE CAGINO Assistant United States Attorney ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed October 19, 2012. 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 Randolph F. Treece filed October 19, 2012 is ACCEPTED in its entirety for the reasons state therein; and it is further ORDERED that Toborg’s Counsel, Jonathan Fairbanks, Esq., be sanctioned as follows: (1) that he pay the Government the sum of $8,359.36 within ninety days of the filing date of the final order issued from this court; and it is further ORDERED, that he personally assume all costs related to the depositions of Toborg’s two experts, consistent with the Judge Treece’s Report-Recommendation. IT IS SO ORDERED. 2 Dated: November 9, 2012 Albany, New York 3

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