UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
April 3, 2013
CHARLES THOMAS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
CONTINENTAL SERVICE GROUP, INC., DEFENDANT.
The opinion of the court was delivered by: E. Thomas Boyle United States Magistrate Judge
SUA SPONTE ORDER
Upon further review of the papers filed in this action, the Court erred in the reconsideration Order dated March 12, 2013, wherein it stated that "[t]he plaintiff's motion for sanctions contained in the motion dated January 4, 2013 remains unopposed." Defendant did in fact oppose plaintiff's second motion in a timely fashion. (See Docket Entry #17.)
This oversight, however, does not otherwise change the Court's March 12, 2013 Order. While the defendant reports additional production of documents in response to the underlying December 7, 2012 Order,*fn1 defendant also acknowledges that it has still not fully complied with that Order. Thus, defendant remains responsible for compliance, as well as the per diem sanction and cost-shifting, as set forth in the Order of March 6, 2013.
Oral argument with respect to plaintiff's March 29, 2013 motion for additional sanctions, based on continued non-compliance, will be held on April 9, 2013 at 3:00 p.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel are directed to appear.
E. Thomas Boyle