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Zavalidroga v. Broniszewski

United States District Court, N.D. New York

June 17, 2014

Margaret Zavalidroga and Tomas Zavalidroga, Plaintiffs,
v.
LEE BRONISZEWSKI, et al., Defendants.

MARGARET ZAVALIDROGA Blossvale, New York, Plaintiff, pro se.

TOMAS ZAVALIDROGA General Delivery Plaintiff, pro se.

Gorman, Waszkiewicz Law Firm, Bartle J. Gorman, Esq., Utica, New York, Attorney for County Defendants.

Office of A. Sheldon Gould, A. Sheldon Gould, Esq., Syracuse, New York, Attorney for Defendant Jeffery Kelley,

Napierski, VanDenburgh & Napierski, LLP, Shawn F. Brousseau, Esq., Shawn T. Nash, Esq., Albany, New York, Attorney for Faxton-St.Lukes Hospital and Dr. Catney.

ORDER

NORMAN A. MORDUE, Senior District Judge.

The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 20th day of May 2014. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. Defendants' motions to dismiss (Dkt. Nos. 131 and 133) are granted, and plaintiffs' amended complaint is dismissed in its entirety as against all defendants, with prejudice, based upon their failure to prosecute and appear for deposition as required by court order.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. Plaintiffs shall be served by certified mail, return receipt requested.

IT IS SO ORDERED.


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