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)

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