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, )

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.

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Dated:

November 9, 2012
Albany, New York

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