Cartin-Enario v. Tecson

Filing 50

ORDER that the 49 Report-Recommendation and Order is ADOPTED in its entirety. That defendant's 37 Motion to Dismiss for Lack of Prosecution is GRANTED for failure to prosecute and comply with court orders and the complaint (Dkt. No. 1) is DISMISSED with prejudice. That, in light of the dismissal of the action, defendant's request for monetary sanctions (Dkt. No. 47) is DENIED. Signed by Senior Judge Gary L. Sharpe on 10/25/2017. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
ROSEBELLE
VILLAHERMOSA CARTINENARIO,
Plaintiff,

1:15-cv-710
(GLS/DJS)

v.
ALFRED CASTRO TECSON,
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR PLAINTIFF:
Office of Marc A. Asch
The Barrister Building
137 North Park Street, Suite 201B
Kalamazoo, MI 49007
FOR DEFENDANT:
Law Offices of John Howley
350 Fifth Avenue, 59th Floor
New York, NY 10118

MARC A. ASCH, ESQ.

JOHN J.P. HOWLEY, ESQ.

Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Daniel J. Stewart, duly

filed on October 4, 2017. (Dkt. No. 49.) Following fourteen 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
Report-Recommendation and Order for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No.
49) is ADOPTED in its entirety; and it is further
ORDERED that defendant’s motion to dismiss (Dkt. No. 37) is
GRANTED for failure to prosecute and comply with court orders and the
complaint (Dkt. No. 1) is DISMISSED with prejudice; and it is further
ORDERED that, in light of the dismissal of the action, defendant’s
request for monetary sanctions (Dkt. No. 47) is DENIED; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.
October 25, 2017
Albany, New York

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