Bauman v. 2810026 Canada Limited Ltd. et al

Filing 63

DECISION AND ORDER re 34 Decision and Order. As Plaintiff has to date failed to comply with the court's direction to file Plaintiff's affidavit of expenses as stated in the October 4, 2016 D&O, Plaintiff's request is deemed to have been WAIVED. Signed by Hon. Leslie G. Foschio on 4/12/2017. (SDW)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_____________________________________
JEFFREY ROTH,
Plaintiff,
v.
13-CV-901A(F)
2810026 CANADA LIMITED LTD.,
2810034 CANADA LIMITED,
FREDERICK GROUP INC.,
SINGH AMARJIT,
Defendants
Third-Party Plaintiffs,

DECISION
and
ORDER

v.
PAMELA J. BAUMAN,
Third-Party Defendant.
_______________________________________
PAMELA BAUMAN,
Plaintiff,
v.

15-CV-374A(F)
2810026 CANADA LIMITED,
2810034 CANADA LIMITED,
FREDERICK GROUP INC.,
SINGH AMARJIT,
Defendants
_____________________________________
APPEARANCES:

DAVID W. POLAK, ESQ.
Attorney for Plaintiffs
3686 Seneca Street
West Seneca, New York 14224
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
Attorneys for Defendants
BEATA SHAPIRO, of Counsel
260 Franklin Street, 14th Floor
Boston, Massachusetts 02110
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FELDMAN KIEFFER, LLP
Attorney for Third-Party Defendant
ADAM C. FERRANDINO, of Counsel
110 Pearl Street, Suite 400
Buffalo, New York 14202
In this personal injury case, the court by Decision and Order filed October 4,
2016 (Dkt. 34) (“the October 4, 2016 D&O”) granted Plaintiff’s request for expenses,
including reasonable attorneys fees, incurred in connection with Plaintiff’s motion to
compel Defendants’ depositions, based on the Decision and Order filed July 18, 2016
(Dkt. 51, 27) (“the July 18, 2016 D&O”), and directed Plaintiff to file Plaintiff’s affidavit of
such expenses within 30 days of the October 4, 2016 D&O. Failure to comply with the
court’s order to file an affidavit of expenses awarded in connection with a motion to
compel permits the court to deem a successful party’s expense request WAIVED. See
Ivoclar Vivadent Inc. v. Corporation Cortex Machina, 2004 WL 2315071, at *7 (W.D.N.Y.
Oct. 14, 2004) (failure to submit affidavit of costs and fees requested constitutes waiver
of party’s right to fees and costs in connection with successful motion). Accordingly, as
Plaintiff has to date failed to comply with the court’s direction to file Plaintiff’s affidavit of
expenses as stated in the October 4, 2016 D&O, Plaintiff’s request is deemed to have
been WAIVED.
SO ORDERED.
/s/ Leslie G. Foschio

________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: April 12, 2017
Buffalo, New York

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