Cartin-Enario v. Tecson
| Rosebelle Villahermosa Cartin-Enario |
| Alfred Castro Tecson |
| 1:2015cv00710 |
| June 9, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Gary L. Sharpe |
| Randolph F. Treece |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
50
ORDER that the 49 Report-Recommendation and Order is ADOPTED in its entirety. That defendant's 37 Motion to Dismiss for Lack of Prosecution is GRANTED for failure to prosecute and comply with court orders and the complaint (Dkt. No. 1) is DISMISSED with prejudice. That, in light of the dismissal of the action, defendant's request for monetary sanctions (Dkt. No. 47) is DENIED. Signed by Senior Judge Gary L. Sharpe on 10/25/2017. (jel, )
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Filing
35
DECISION & ORDER: Granting the # 32 Motion to Compel and the # 32 Motion for Sanctions. It is Ordered that the Defendants Motion to Compel is in all respects GRANTED, and Plaintiff shall provide complete responses to all the outstanding interroga tories and discovery demands within thirty days of the filing date of this Decision and Order, and the Plaintiff is specifically warned that the failure to provide such responses may result in further sanctions including the dismissal of her Complain t; and is further Ordered that Defendant Alfred Castro Tecson is hereby awarded, and Plaintiffs counselMarc Asch is hereby directed to pay, within sixty days of the filing date of this Decision and Order, the sum of $1770.00 representing costs a nd attorneys fees associated with having to bring and argue the Motion to Compel discovery. This monetary sanction shall be born by Attorney Asch and not by his client; and is further Ordered that Attorney Marc Asch shall serve a copy of this Decisio n and Order upon his client and file a certificate of such service on the Courts docket. Pursuant to FED R. CIV. P. 72(a), the parties have fourteen (14) days within which to file written objections to the foregoing discovery order. Such objections shall be filed with the Clerk of the Court. As specifically noted in Rule 72(a) [a] party may not assign as error a defect in the order not timely objected to. Signed by Magistrate Judge Daniel J. Stewart on 4/19/2017. (jmb)
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Filing
17
MEMORANDUM-DECISION and ORDER - That Tecson's motion to set aside default and dismiss the complaint (Dkt. No. 9) is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to Tecson's request to vacate the entry of default. D ENIED in all other respects. That Cartin-Enario's motion for default judgment (Dkt. No. 12) is DENIED as moot. That Tecson shall file an appropriate responsive pleading or motion within fourteen (14) days of this Memorandum-Decision and Order. That the parties notify Magistrate Judge Daniel J. Stewart in order to schedule further proceedings in accordance wit this Memorandum-Decision and Order. Signed by Senior Judge Gary L. Sharpe on 9/8/2016. (jel, )
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| Plaintiff: Rosebelle Villahermosa Cartin-Enario | |
| Represented By: | Marc A. Asch |
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| Defendant: Alfred Castro Tecson | |
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