Pierce et al v. Demmon et al

Filing 97

ORDER: ORDERED, that defendants' motion for sanctions (Dkt. No. 91 ) is GRANTED. ORDERED, that plaintiff Gilbert Martin is hereby directed to pay to the office of the New York State Attorney General the sum of $250.00, based upon his ref usal to be transported for a scheduled examination pursuant to Rule 35 of the Federal Rules of Civil Procedure. ORDERED, that no costs or attorney's fees are awarded to any party in connection with defendants' motion. Signed by Magistrate Judge David E. Peebles on 4/1/16. (alh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
_________________________________
PAUL PIERCE and GILBERT MARTIN,

Civil Action No.
9:14-CV-1028 (GTS/DEP)

Plaintiffs,
v.
CRAIG DEMMON, Sergeant Bare Hill
Correctional Facility, et al.,
Defendants.
_________________________________
FOR PLAINTIFFS:
LAW OFFICES OF ELMER R. KEACH ELMER R. KEACH, III, ESQ.
One Pine West Plaza-Suite 109
Albany, New York 12205
FOR DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, NY 12224

TIMOTHY P. MULVEY, ESQ.
Assistant Attorney General

DAVID E. PEEBLES
CHIEF U.S. MAGISTRATE JUDGE
ORDER
Currently pending before the court in connection with this action is a
motion brought by defendants requesting an order directing plaintiff Gilbert
Martin to pay $750 based upon his failure to appear for a scheduled physical

examination to be conducted pursuant to Rule 35 of the Federal Rules of
Civil Procedure. Dkt. No. 91. Oral argument was heard in connection with
defendants' motion during a telephone conference held on the record on
March 30, 2016. At the close of that conference, I issued a decision granting
defendants' motion, in part, and requiring plaintiff Gilbert Martin to defray the
cancellation fee for that aborted Rule 35 exam to the extent of $250.00.
Based upon the parties' submissions and oral argument, and the
court's bench decision, which is incorporated herein by reference, it is
hereby
ORDERED as follows:
(1)

Defendants' motion for sanctions (Dkt. No. 91) is GRANTED, in

(2)

Plaintiff Gilbert Martin is hereby directed to pay to the office of

part.

the New York State Attorney General the sum of $250.00, based upon his
refusal to be transported for a scheduled examination pursuant to Rule 35 of
the Federal Rules of Civil Procedure.

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(3)

No costs or attorney's fees are awarded to any party in

connection with defendants' motion.

Dated:

April 1, 2016
Syracuse, NY

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