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Scientific Computing Associates, Inc. v. Warnes

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


June 21, 2010

SCIENTIFIC COMPUTING ASSOCIATES, INC., ET AL., PLAINTIFFS,
v.
GREGORY R. WARNES, DEFENDANT.

The opinion of the court was delivered by: Marian W. Payson United States Magistrate Judge

ORDER

By order dated August 30, 2007, the above-captioned matter has been referred to the undersigned for the supervision of pretrial discovery and the hearing and disposition of all non-dispositive motions, pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B). (Docket # 9).

On May 14, 2010, plaintiffs filed a motion for leave to serve additional interrogatories to defendant Gregory Warnes. (Docket # 87). This Court then issued a motion scheduling order which granted defendant until June 9, 2010 to oppose the motion. (Docket # 89). This Court has received no response from defendant, thus his failure to oppose the pending motion may be fairly construed as a lack of opposition to the requested relief or as a waiver of his right to be heard. See, e.g., TCPIP Holding Co. v. Haar Commc'ns Inc., 2004 WL 1620950, *4 (S.D.N.Y. 2004) (defendant's failure to respond to motion was sufficient basis to grant motion by default); Loew v. Kolb, 2003 WL 22077454, *1 (S.D.N.Y. 2003) (same). Accordingly, plaintiff's motion for leave to serve additional interrogatories on defendant Warnes (Docket # 87) is GRANTED, and those interrogatories shall be answered by no later than thirty days from the date of service. In addition, the oral argument currently scheduled for June 29, 2010 at 2:00 p.m. is hereby CANCELLED.

IT IS SO ORDERED.

Rochester, New York

20100621

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