Opinion
13-CV-901A(F) 15-CV-374A(F)
04-12-2017
JEFFREY ROTH, Plaintiff, v. 2810026 CANADA LIMITED LTD., 2810034 CANADA LIMITED, FREDERICK GROUP INC., SINGH AMARJIT, Defendants Third-Party Plaintiffs, v. PAMELA J. BAUMAN, Third-Party Defendant. PAMELA BAUMAN, Plaintiff, v. 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 FELDMAN KIEFFER, LLP Attorney for Third-Party Defendant ADAM C. FERRANDINO, of Counsel 110 Pearl Street, Suite 400 Buffalo, New York 14202
DECISION and ORDER
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 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