Stein v. Johnson City School District

Filing 22

ORDER: It is ordered that after review the # 21 Affidavit, the Court will not impose sanctions upon plaintiff's counsel in this matter. The Clerk is directed to enter Judgment as set forth in the # 20 Memorandum-Decision & Order and close this case as to Kelli A. Stein. Signed by Senior Judge Frederick J. Scullin, Jr on 10/17/2013. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ____________________________________________ KELLI A. STEIN, Plaintiff, v. 3:12-CV-1510 (FJS/DEP) JOHNSON CITY SCHOOL DISTRICT, Defendant. ______________________________________________ APPEARANCES OF COUNSEL OFFICE OF DOUGLAS W. DRAZEN 2-8 Hawley Street, Suite 111 Binghamton, New York 13901 Attorneys for Plaintiff DOUGLAS W. DRAZEN, ESQ. THE LAW FIRM OF FRANK W. MILLER 6575 Kirkville Road East Syracuse, New York 13057 Attorneys for Defendant FRANK W. MILLER, ESQ. J. RYAN HATCH, ESQ. SCULLIN, Senior Judge ORDER On September 27, 2013, the Court heard oral argument in support of, and in opposition to, Defendant's motion to dismiss. At the conclusion of the argument, the Court ordered Plaintiff's counsel to show cause why the Court should not sanction him. In response to that order, Plaintiff's counsel filed an affidavit. See Dkt. No. 21. After reviewing that affidavit, the Court has decided not to sanction Plaintiff's counsel. However, the Court reprimands Plaintiff's counsel for his failure properly to evaluate the legal bases for the claims he advanced before the Court and advises Plaintiff's counsel that it will not countenance such conduct in the future. Accordingly, the Court hereby ORDERS that sanctions shall not be imposed on Plaintiff's counsel in this matter; and the Court further ORDERS that, for the reasons set forth in the Court's October 7, 2013 MemorandumDecision and Order, the Clerk of the Court shall enter judgment in favor of Defendant and close this case. IT IS SO ORDERED. Dated: October 17, 2013 Syracuse, New York -2-

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