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)

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

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