Esposito v. Suffolk County Community College et al
| Frances C. Esposito |
| Diane Bosco, Nancy Gerli, Suffolk County Community College and Jeffrey Tempera |
| 2:2016cv04833 |
| August 30, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Leonard D. Wexler |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
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Filing
112
ORDER denying 101 Motion for Attorney Fees.For the reasons set forth in the attached Memorandum & Order, it is hereby ORDERED as follows:1. Plaintiff's motion to reconsider sanctions order is granted in part and denied in part, and the sanctions order is modified as follows:a. Judge Spatt's order directing payment of attorneys' fees and costs is vacated based on plaintiff's inability to pay;b. Plaintiff is directed to pay the eco nomic sanction of $5,000 previously imposed; andc. As an additional sanction for the unmitigated misconduct, plaintiff's claims are DISMISSED in their entirety.2. Defendants' application for imposition of attorneys ' fees and costs totaling $80,235.20 is consequently denied;3. Defendants' motion for summary judgment is deemed withdrawn in light of the determinations herein.The Clerk of the Court is directed to enter judgment consistent with this Order and close the case. Ordered by Judge Gary R. Brown on 2/6/2021. (Meil, Stephen)
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Filing
52
MEMORANDUM OF DECISION & ORDER re 35 Motion for Sanctions. For the foregoing reasons, the Court refers the Defendants' motion for sanctions to United States Magistrate Judge Arlene R. Lindsay for an evidentiary hearing regarding the authentici ty of Dr. Campo's August 8, 2005 and August 9, 2005 letters and Dr. DiCanio's September 2006 letter, September 2009 note and December 30, 2014 forms. The Court reserves decision on the Defendants' motion in these regards, including the fashioning of a remedy, pending the outcome of the evidentiary hearing. The Court denies the remainder of the Defendants' motion. The Clerk of the Court is respectfully directed to terminate and immediately restore the Defendants' motion. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 3/4/2019. (Coleman, Laurie)
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