IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK
September 25, 2009
GERARDO FIGUEROA, PLAINTIFF,
TRI-CITY HIGHWAY PRODUCTS, INC., AND MARTIN A. GALASSO, JR., PRESIDENT OF TRI CITY HIGHWAY PRODUCTS, INC., DEFENDANTS.
The opinion of the court was delivered by: David E. Peebles U.S. Magistrate Judge
On September 2, 2009 I issued an order in connection with this action in which, inter alia, I granted in part a motion by defendants Tri-City Highway Products, Inc. and Martin A. Galasso, Jr. to compel discovery and, based upon the plaintiff's unexcused failure to comply with the court's order dated June 30, 2009, awarded defendants costs and attorneys' fees incurred as a result of having to file the motion to compel, pursuant to Rule 37(b)(2)(C) of the Federal Rules of Civil Procedure. Dkt. No. 40. In that order, defendants' counsel was directed to submit an accounting of the costs and attorneys' fees claimed, and plaintiff was provided an opportunity to respond and voice any objections to the amounts sought.
Having reviewed the subsequent submissions of defendants' counsel, in which recovery of a total of $1,070.00 is sought (Dkt. No. 41), and an affidavit from plaintiff's counsel submitted in response (Dkt. No. 43), in the exercise of my discretion and the interest of justice, it is hereby ORDERED that defendants recover from plaintiff Gerardo Figueroa and his counsel, Michael S. Fauci, Esq., jointly and severally, the sum of $500 as reasonable costs and attorneys' fees incurred in having to move to compel discovery based upon plaintiff's failure to comply with a prior court order.
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