Lewis v. Newburgh Housing Authority et al
| Regina Lewis |
| Newburgh Housing Authority and Marc Starling |
| 7:2011cv03194 |
| May 11, 2011 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Kenneth M. Karas |
| Other Civil Rights |
| 29 U.S.C. ยง 794 |
| Plaintiff |
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Filing
267
ORDER for 262 Report and Recommendation. I therefore reject Plaintiff's objection that her refusal to be deposed was justified. I have reviewed the remainder of the R&R for clear error, and find no error, clear or otherwise, in Judge Krau se's thorough and well-reasoned decision. I therefore adopt the R&R as the decision of the Court. Defendants' motion for sanctions is GRANTED, and the case is dismissed with prejudice. I impose no award of expenses under Rule 37(d). The Clerk of Court is respectfully directed to terminate the pending motion, (ECF No. 248), and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 3/8/2024) (mml) Modified on 3/8/2024 (mml).
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Filing
243
ORDER: The Court therefore orders that Plaintiff appear for a deposition on July 24, 2023 at 10:00 a.m.in the deposition room located on the first floor of the United States Courthouse at 300 Quarropas Street, White Plains, NY 10601. As further set forth by this Order. Accordingly, by way of this Order, the Court is placing Plaintiff on notice of Rule 37(b) and Rule 37(d) of the Federal Rules of Civil Procedure; the obligations that they place on her to appear for her deposition; and the pos sible sanctions that she might face, including dismissal of this action, if she fails to appear for the deposition. At the deposition, Plaintiff may not engage in the type of abusive conduct that she exhibited during the July 7, 2023 telephone conf erence-such conduct will make it impossible to conduct the deposition, and will be treated as a failure to comply with the Court's order to complete the deposition. Counsel for Defendants must ensure that the court reporter retained to transcr ibe the deposition also creates an audio recording of the deposition. If Plaintiff acts in an abusive manner at the deposition, counsel for Defendants is directed to contact the Court promptly. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. ( Deposition due by 7/24/2023.) (Signed by Magistrate Judge Andrew E. Krause on 7/12/2023) (tg)
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Filing
239
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 6/6/2023) (tg)
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Filing
222
OPINION & ORDER: For the foregoing reasons, the Court's November 5, 2018 order dismissing this case without prejudice is VACATED. The Clerk of Court is respectfully directed to reopen the case. The order of reference to the Magistrate Judge i s also VACATED and the case will remain with the undersigned, at least for now. Plaintiff is cautioned, however, that the Court will have little tolerance for abusive, noncompliant or dilatory behavior. Further, Plaintiff is ORDERED not to telepho ne the Court, for reasons made plain in No. 21-CV-8487, ECF No. 20. All communications with the Court must be in writing, and emailed to temporary_pro_se_filing@nysd.uscourts.gov, sent by mail, or dropped off at the courthouse. The only excepti on to the above order that Plaintiff not call the Court is that the parties are to call 877-336-1839 and enter access code 1047966# for a telephonic status conference on December 13, 2022 at 10:15 a.m. SO ORDERED. (Telephone Conference set for 12/13/2022 at 10:15 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 11/23/2022) (mml)
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