United States District Court, N.D. New York
May 5, 2004.
JENNIFER REA, Plaintiff,
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.
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