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Scientific Computing Associates, Inc. v. Warnes

United States District Court, W.D. New York
Jun 21, 2010
07-CV-6351T (W.D.N.Y. Jun. 21, 2010)

Opinion

07-CV-6351T.

June 21, 2010


ORDER


By order dated August 30, 2007, the above-captioned matter has been referred to the undersigned for the supervision of pretrial discovery and the hearing and disposition of all non-dispositive motions, pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B). (Docket # 9).

On May 14, 2010, plaintiffs filed a motion for leave to serve additional interrogatories to defendant Gregory Warnes. (Docket # 87). This Court then issued a motion scheduling order which granted defendant until June 9, 2010 to oppose the motion. (Docket # 89). This Court has received no response from defendant, thus his failure to oppose the pending motion may be fairly construed as a lack of opposition to the requested relief or as a waiver of his right to be heard. See, e.g., TCPIP Holding Co. v. Haar Commc'ns Inc., 2004 WL 1620950, *4 (S.D.N.Y. 2004) (defendant's failure to respond to motion was sufficient basis to grant motion by default); Loew v. Kolb, 2003 WL 22077454, *1 (S.D.N.Y. 2003) (same). Accordingly, plaintiff's motion for leave to serve additional interrogatories on defendant Warnes (Docket # 87) is GRANTED, and those interrogatories shall be answered by no later than thirty days from the date of service. In addition, the oral argument currently scheduled for June 29, 2010 at 2:00 p.m. is hereby CANCELLED. IT IS SO ORDERED.


Summaries of

Scientific Computing Associates, Inc. v. Warnes

United States District Court, W.D. New York
Jun 21, 2010
07-CV-6351T (W.D.N.Y. Jun. 21, 2010)
Case details for

Scientific Computing Associates, Inc. v. Warnes

Case Details

Full title:SCIENTIFIC COMPUTING ASSOCIATES, INC., et al., Plaintiffs, v. GREGORY R…

Court:United States District Court, W.D. New York

Date published: Jun 21, 2010

Citations

07-CV-6351T (W.D.N.Y. Jun. 21, 2010)