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Allen v. Med Rev Recoveries

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 1, 2007

PAUL E. ALLEN AND PENNY L. ALLEN, PLAINTIFFS,
v.
MED REV RECOVERIES, INC., DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Currently before the Court is Magistrate Judge Di Bianco's March 16, 2006 Report-Recommendation, in which he recommended that the Court grant Defendant's motion pursuant to Rule 37(d) of the Federal Rules of Civil Procedure to dismiss Plaintiffs' complaint with prejudice because Plaintiffs failed to participate in discovery and failed to obey two court orders to appear for conferences and that the Court deny Defendant's motion for an award of monetary sanctions. See Report-Recommendation at 8.

Neither Plaintiffs nor Defendant filed any objections to these recommendations. Having reviewed the Report-Recommendation and in light of Plaintiffs' continued failure to comply with the Court's Orders and to respond to Defendant's discovery requests, the Court hereby

ORDERS that Magistrate Judge Di Bianco's March 16, 2006 Report-Recommendation is ADOPTED in its entirety; and the Court further

ORDERS that Defendant's motion to dismiss Plaintiffs' complaint pursuant to Rule 37(d) of the Federal Rules of Civil Procedure is GRANTED and Plaintiffs' complaint is DISMISSED WITH PREJUDICE; and the Court further

ORDERS that Defendant's motion for monetary sanctions pursuant to Rule 37(d) of the Federal Rules of Civil Procedure is DENIED.

IT IS SO ORDERED.

20070201

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