Idlisan v. SUNY Upstate Medical University et al

Filing 50

ORDER: The Court Orders that a Report-Recommendation on Defendants# 49 Motion to Dismiss is deferred. Plaintiff shall reimburse Defendant for the $150.00 in expenses incurred as a result of Plaintiffs failure to appear at his deposition by 5/2 9/2015. The Court finds that Plaintiffs failure to appear was not substantially justified and that no other circumstances make an award of expenses unjust. Fed. R. Civ. P. 37(b)(2). If Plaintiff complies with this Order, the Court will recommend deni al of the motion to dismiss. If Plaintiff does not comply with this Order, the Court will recommend that the motion to dismiss be granted. Defendant shall file a status report by 6/5/2015, advising the Court whether Plaintiff has complied with this Order. Signed by Magistrate Judge Therese Wiley Dancks on 4/28/2015. (jmb) {Copy sent to pro se plaintiff by regular mail}

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________________
BERNARD B. IDLISAN,
Plaintiff,
5:12-CV-1790
(MAD/TWD)

v.
SUNY UPSTATE MEDICAL UNIVERSITY,
Defendants.
_____________________________________________
APPEARANCES:

OF COUNSEL:

BERNARD B. IDLISAN
Plaintiff pro se
1402 Jefferson Avenue, 1st Floor
Brooklyn, NY 11237
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
The Capitol
Albany, NY 12224

HEATHER R. RUBINSTEIN, ESQ.

THÉRÈSE WILEY DANCKS, United States Magistrate Judge
ORDER
The Court has reviewed Docket Number 49. A Report-Recommendation on Defendant’s
motion to dismiss (Dkt. No. 49) is deferred. On or before May 29, 2015, Plaintiff is to reimburse
Defendant for the $150.00 in expenses incurred as a result of Plaintiff’s failure to appear at his
deposition. In entering this Order, the Court finds that Plaintiff’s failure to appear was not
substantially justified and that no other circumstances make an award of expenses unjust. Fed.
R. Civ. P. 37(b)(2). If Plaintiff complies with this Order, the Court will recommend denial of the
motion to dismiss. If Plaintiff does not comply with this Order, the Court will recommend that

the motion to dismiss be granted. Defendant is to file a status report on or before June 5, 2015,
advising the Court whether Plaintiff has complied with this Order.
IT IS SO ORDERED.

Dated: April 28, 2015
Syracuse, New York

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