Case v. The Town of New Hartford et al

Filing 35

ORDER adopting Magistrate Judge Peebles' 34 Report and Recommendations in its entirety. Granting Defendants' joint 32 Motion to Dismiss the Plaintiff's complaint w/leave to apply for an award of costs and attorney's fees. Any application for fees shall be filed on or before 7/19/2012 and referred to Magistrate Judge Peebles for recommendation. Signed by Judge Norman A. Mordue on 6/19/2012. (amt)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ DOUGLAS A. CASE, JR., Plaintiff, v. 6:10-CV-1102 (NAM/DEP) N THE TOWN OF NEW HARTFORD, PETER COLBURN, MICHAEL INSERRA, and KAREN CASE, Defendants. ________________________________________________ APPEARANCES: OF COUNSEL: FOR PLAINTIFF: A KELLOGG LAW OFFICE 901 East Brighton Avenue Syracuse, NY 13205 BRIAN J. KELLOGG, ESQ. FOR DEFENDANTS TOWN OF NEW HARTFORD and MICHAEL INSERRA: M GOLBERG, SEGALLA LAW FIRM 5789 Widewaters Pkwy. Syracuse, NY 13214 MOLLY M. RYAN, ESQ. SANDRA J. SABOURIN, ESQ. FOR DEFENDANT PETER COLBURN: MORRIS, DUFFY LAW FIRM 2 Rector Street New York, NY 10006 CARL S. SANDEL, ESQ. FOR DEFENDANT KAREN CASE: LONGERETTA LAW OFFICE 298 Genesee Street Utica, NY 13502 DAVID A. LONGERETTA, ESQ. NORMAN A. MORDUE, U. S. DISTRICT JUDGE ORDER N The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 17th day of May 2012. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge’s Report- A Recommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. Defendants’ joint motion to dismiss plaintiff’s complaint (Dkt. No. 32) is granted, and plaintiff’s complaint (Dkt. No. 1) is dismissed, with prejudice, and with leave to the defendants to M apply for an award of costs and attorney’s fees under both Rules 11 and Rule 37(b)(2)(C), related to reasonable expenses caused by plaintiff’s discovery failure, and pursuant to 42 U.S.C. § 1988. 3. Any application for costs and attorney’s fees shall be filed within thirty (30) days of this Order or on or before July 19, 2012 and referred to Magistrate Judge Peebles for a recommendation. 4. The Clerk of the Court shall serve a copy of this Order upon all parties and the 2 Magistrate Judge assigned to this case IT IS SO ORDERED. Dated: June 19, 2012 Syracuse, New York N A M 3

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