Opinion
3:12-CV-1510 (FJS/DEP)
2013-10-17
KELLI A. STEIN, Plaintiff, v. JOHNSON CITY SCHOOL DISTRICT, Defendant.
OFFICE OF DOUGLAS W. DRAZEN Attorneys for Plaintiff THE LAW FIRM OF FRANK W. MILLER Attorneys for Defendant OF COUNSEL DOUGLAS W. DRAZEN, ESQ. FRANK W. MILLER, ESQ. J. RYAN HATCH, ESQ.
APPEARANCES
OFFICE OF DOUGLAS W. DRAZEN
Attorneys for Plaintiff
THE LAW FIRM OF FRANK W. MILLER
Attorneys for Defendant
OF COUNSEL
DOUGLAS W. DRAZEN, ESQ.
FRANK W. MILLER, ESQ.
J. RYAN HATCH, ESQ.
SCULLIN, Senior Judge
ORDER
On September 27, 2013, the Court heard oral argument in support of, and in opposition to, Defendant's motion to dismiss. At the conclusion of the argument, the Court ordered Plaintiff's counsel to show cause why the Court should not sanction him. In response to that order, Plaintiff's counsel filed an affidavit. See Dkt. No. 21. After reviewing that affidavit, the Court has decided not to sanction Plaintiff's counsel. However, the Court reprimands Plaintiff's counsel for his failure properly to evaluate the legal bases for the claims he advanced before the Court and advises Plaintiff's counsel that it will not countenance such conduct in the future.
Accordingly, the Court hereby
ORDERS that sanctions shall not be imposed on Plaintiff's counsel in this matter; and the Court further
ORDERS that, for the reasons set forth in the Court's October 7, 2013 Memorandum-Decision and Order, the Clerk of the Court shall enter judgment in favor of Defendant and close this case.
IT IS SO ORDERED.
Dated: October 17, 2013
Syracuse, New York
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Frederick J. Scullin, Jr.
Senior United States District Court Judge