Bauman v. 2810026 Canada Limited Ltd. et al, No. 1:2015cv00374 - Document 63 (W.D.N.Y. 2017)
Court Description: DECISION AND ORDER re 34 Decision and Order. As Plaintiff has to date failed to comply with the court's direction to file Plaintiff's affidavit of expenses as stated in the October 4, 2016 D&O, Plaintiff's request is deemed to have been WAIVED. Signed by Hon. Leslie G. Foschio on 4/12/2017. (SDW)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _____________________________________ JEFFREY ROTH, Plaintiff, v. 13-CV-901A(F) 2810026 CANADA LIMITED LTD., 2810034 CANADA LIMITED, FREDERICK GROUP INC., SINGH AMARJIT, Defendants Third-Party Plaintiffs, DECISION and ORDER v. PAMELA J. BAUMAN, Third-Party Defendant. _______________________________________ PAMELA BAUMAN, Plaintiff, v. 15-CV-374A(F) 2810026 CANADA LIMITED, 2810034 CANADA LIMITED, FREDERICK GROUP INC., SINGH AMARJIT, Defendants _____________________________________ APPEARANCES: DAVID W. POLAK, ESQ. Attorney for Plaintiffs 3686 Seneca Street West Seneca, New York 14224 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorneys for Defendants BEATA SHAPIRO, of Counsel 260 Franklin Street, 14th Floor Boston, Massachusetts 02110 1 FELDMAN KIEFFER, LLP Attorney for Third-Party Defendant ADAM C. FERRANDINO, of Counsel 110 Pearl Street, Suite 400 Buffalo, New York 14202 In this personal injury case, the court by Decision and Order filed October 4, 2016 (Dkt. 34) (“the October 4, 2016 D&O”) granted Plaintiff’s request for expenses, including reasonable attorneys fees, incurred in connection with Plaintiff’s motion to compel Defendants’ depositions, based on the Decision and Order filed July 18, 2016 (Dkt. 51, 27) (“the July 18, 2016 D&O”), and directed Plaintiff to file Plaintiff’s affidavit of such expenses within 30 days of the October 4, 2016 D&O. Failure to comply with the court’s order to file an affidavit of expenses awarded in connection with a motion to compel permits the court to deem a successful party’s expense request WAIVED. See Ivoclar Vivadent Inc. v. Corporation Cortex Machina, 2004 WL 2315071, at *7 (W.D.N.Y. Oct. 14, 2004) (failure to submit affidavit of costs and fees requested constitutes waiver of party’s right to fees and costs in connection with successful motion). Accordingly, as Plaintiff has to date failed to comply with the court’s direction to file Plaintiff’s affidavit of expenses as stated in the October 4, 2016 D&O, Plaintiff’s request is deemed to have been WAIVED. SO ORDERED. /s/ Leslie G. Foschio ________________________________ LESLIE G. FOSCHIO UNITED STATES MAGISTRATE JUDGE Dated: April 12, 2017 Buffalo, New York 2
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