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REA v. CLEANER'S SUPPLY

United States District Court, N.D. New York


May 5, 2004.

JENNIFER REA, Plaintiff,
v.
CLEANER'S SUPPLY, Defendant

The opinion of the court was delivered by: THOMAS McAVOY, District Judge

MEMORANDUM — DECISION and ORDER

By Decision & Order dated April 13, 2004, familiarity with which is assumed, the Court granted Defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 56 and dismissed Plaintiff's claim of pregnancy-based discrimination. The Court also noted that Plaintiff failed to respond to the motion for summary judgment or otherwise provide the notice required by N.D.N.Y.L.R. 7.1(b)(3).

  Local Rule 7.1(b)(3) provides that "[a]ny party who does not intend to oppose a motion . . . shall promptly notify the Court and the other parties of such intention. Notice should be provided at the earliest practicable date, but in any event no less than SEVEN CALENDAR DAYS prior to the scheduled return date of the motion, unless for good cause shown. Failure to comply with this Rule may result in the Court imposing sanctions." (emphases in original). In the April 13, 2004 Order, Attorney Stefan D. Berg was put on notice that the Court was considering the imposition of sanctions for his failure to comply with Local Rule 7.1(b)(3). The Court also afforded Attorney Berg an opportunity to be heard as to why sanctions should not be imposed. Specifically, the April 13 Order provided as follows: "Plaintiff is Ordered to Show Cause on or before April 30, 2004 why sanctions should not be imposed for failure to comply with this Rule [7.1(b)(3)]. Plaintiff's response shall be in the form of an affidavit from Plaintiff's attorney not to exceed five pages." To date, Attorney Berg has failed to respond to the Court's April 13, 2004 Order to Show Cause.

  There being evidence in the record that Attorney Berg failed to comply with Rule 7.1(b)(3) and there being no evidence in the record why sanctions should not imposed, it is ORDERED that Attorney Stefan Berg pay a sum of Five Hundred Dollars ($500.00) to the Court's Pro Bono Fund within thirty (30) days of the date of this order. Failure to comply with this Order may result in proceedings for contempt.

  IT IS SO ORDERED.

20040505

© 1992-2004 VersusLaw Inc.



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