Dunn v. Albany Medical College

Dunn v. Albany Medical College

Plaintiff:	Robert Dunn, Jr
Defendant:	Albany Medical College
Case Number:	1:2009cv01031
Filed:	September 10, 2009
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	XX US, Outside State
Presiding Judge:	Lawrence E. Kahn
Presiding Judge:	David E. Peebles
Nature of Suit:	Plaintiff
Cause of Action:	42 U.S.C. § 2000 Job Discrimination (Race)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 7, 2010	Filing 60 MEMORANDUM-DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 55) is APPROVED and ADOPTED in part; and it is further ORDERED, that Defendants Motion for Sanctions (Dkt. No. 47) is GRANTED in part and DENIED in part; and it is further ORDE RED, that pursuant to Federal Rules of Civil Procedure 37(b) and 41(b), Plaintiff is required to pay all reasonable expenses, including attorneys fees associated with Plaintiffs non-compliance with his discovery obligations and court orders. Should Plaintiff voluntarily dismiss his action, will not be subject to this sanction. If he chooses instead to continue with his action, Plaintiff shall respond to AMCs interrogatories within 14 days of this Decision and Order. Further, Plaintiff shall n ot seek, absent consent from Defendant or truly extraordinary circumstances, any extension of this or any other deadline set by the Court for the remainder of this litigation; and it is further ORDERED, that Defendants Motion to Strike (Dkt. No. 32) is DENIED without prejudice; and it is further ORDERED, that Plaintiff is granted leave to amend his Complaint within 21 days of this Decision and Order such that it complies with Federal Rule of Civil Procedure 8. Should Plaintiff fail to so amend, his action shall be dismissed without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on June 07, 2010. (sas)

Date Filed

Document Text

June 7, 2010

Filing 60 MEMORANDUM-DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 55) is APPROVED and ADOPTED in part; and it is further ORDERED, that Defendants Motion for Sanctions (Dkt. No. 47) is GRANTED in part and DENIED in part; and it is further ORDE RED, that pursuant to Federal Rules of Civil Procedure 37(b) and 41(b), Plaintiff is required to pay all reasonable expenses, including attorneys fees associated with Plaintiffs non-compliance with his discovery obligations and court orders. Should Plaintiff voluntarily dismiss his action, will not be subject to this sanction. If he chooses instead to continue with his action, Plaintiff shall respond to AMCs interrogatories within 14 days of this Decision and Order. Further, Plaintiff shall n ot seek, absent consent from Defendant or truly extraordinary circumstances, any extension of this or any other deadline set by the Court for the remainder of this litigation; and it is further ORDERED, that Defendants Motion to Strike (Dkt. No. 32) is DENIED without prejudice; and it is further ORDERED, that Plaintiff is granted leave to amend his Complaint within 21 days of this Decision and Order such that it complies with Federal Rule of Civil Procedure 8. Should Plaintiff fail to so amend, his action shall be dismissed without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on June 07, 2010. (sas)

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Plaintiff: Robert Dunn, Jr
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Defendant: Albany Medical College
Represented By:	David Marx
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