Toborg et al v. United States of America

Justia Dockets & Filings Second Circuit New York Northern District Toborg et al v. United States of America

Toborg et al v. United States of America

Plaintiff:	Jean Toborg
Defendant:	United States of America
Case Number:	1:2011cv00150
Filed:	February 9, 2011
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Schoharie
Presiding Judge:	Gary L. Sharpe
Presiding Judge:	Randolph F. Treece
Nature of Suit:	Personal Injury- Medical Malpractice
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	None

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Date Filed	Document Text
August 23, 2012	Filing 18 MEMORANDUM-DECISION and ORDER - ORDERED that the government's motion for summary judgment (Dkt. No. 12) is GRANTED to the extent that it seeks sanctions for failure to comply with the discovery order; and it is further ORDERED tha t the government's motion for summary judgment (Dkt. No. 12) is DENIED in all other respects; and it is further ORDERED that the government shall, within fourteen (14) days of the date of this Memorandum-Decision and Order, submit an affi davit outlining the following: (1) expenses it has incurred to date as a result of Fairbanks' violation of the discovery order; (2) any outstanding discovery requests; (3) a proposal for any additional discovery the government needs in lig ht of Toborg's submissions, and the cost therefor; and (4), an amended discovery schedule, which expeditiously furthers this litigation; and it is further ORDERED that Toborg may, if she so chooses, file a response, no later than seven (7) days after the government files its affidavit, articulating her position on the timely completion of discovery and/or the imposition of the sanctions on her counsel; and it is further ORDERED that after reviewing the government&# 039;s request(s), Judge Treece shall amend the discovery schedule as he deems appropriate, and forward, to this court, a recommendation on the costs to be imposed on Fairbanks for his violation of the discovery order. Signed by Chief Judge Gary L. Sharpe on 8/23/2012. (jel, )

Date Filed

Document Text

August 23, 2012

Filing 18 MEMORANDUM-DECISION and ORDER - ORDERED that the government's motion for summary judgment (Dkt. No. 12) is GRANTED to the extent that it seeks sanctions for failure to comply with the discovery order; and it is further ORDERED tha t the government's motion for summary judgment (Dkt. No. 12) is DENIED in all other respects; and it is further ORDERED that the government shall, within fourteen (14) days of the date of this Memorandum-Decision and Order, submit an affi davit outlining the following: (1) expenses it has incurred to date as a result of Fairbanks' violation of the discovery order; (2) any outstanding discovery requests; (3) a proposal for any additional discovery the government needs in lig ht of Toborg's submissions, and the cost therefor; and (4), an amended discovery schedule, which expeditiously furthers this litigation; and it is further ORDERED that Toborg may, if she so chooses, file a response, no later than seven (7) days after the government files its affidavit, articulating her position on the timely completion of discovery and/or the imposition of the sanctions on her counsel; and it is further ORDERED that after reviewing the government&# 039;s request(s), Judge Treece shall amend the discovery schedule as he deems appropriate, and forward, to this court, a recommendation on the costs to be imposed on Fairbanks for his violation of the discovery order. Signed by Chief Judge Gary L. Sharpe on 8/23/2012. (jel, )

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Plaintiff: Jean Toborg
Represented By:	Jonathan Fairbanks
Represented By:	Jonathan Fairbanks
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Defendant: United States of America
Represented By:	Diane Cagino
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