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Jose Castro v. Covenant Aviation Security

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


May 8, 2013

JOSE CASTRO, PLAINTIFF,
v.
COVENANT AVIATION SECURITY, LLC,
DEFENDANT.

The opinion of the court was delivered by: Kevin Nathaniel Fox United States Magistrate Judge

MEMORANDUM AND ORDER

Before the Court are the plaintiff's motions to sanction the defendant. In his motion for sanctions filed on November 8, 2012 (Docket Entry No. 39), the plaintiff seeks to sanction the defendant "for attempting to mislead the court and I [would] like the defendant to pay for all my legal expens[es] with Prepay Legal services and other cost of making copies, faxes, postage, certified cost and time and stress and hardship." According to the plaintiff, the defendant stated in its reply that, "Although the air bill included the correct address for plaintiff's building, it did not include the apartment number," but the defendant's "proof of service" indicates the plaintiff's full address, including the apartment number. In his motion for sanctions filed on December 4, 2012 (Docket Entry No. 41), the plaintiff contends that the defendant "continues to attempt to mislead the court . . . by stating they [sic] never received a true original copy of the complaint." The plaintiff maintains that the defendant failed to comply with the Court's order "by serving the plaintiff on time" and he seeks "[his] legal expens[es] with Prepay Legal services and other cost of making copies, faxes, postage, certified cost and time and stress and hardship."

The Court finds that the defendant did not mislead the Court because in its letter, dated

20130508

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