Benitez v. Holm

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ HENRY BENITEZ, DECISION & ORDER Plaintiff, 16-CV-6373W v. ANNETTE HOLM, et al., Defendants. _______________________________________ Pending before this Court is a motion by defendants seeking sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure, including an order dismissing plaintiff’s complaint, as a result of his alleged refusal to appear for his scheduled deposition. (Docket # 60). Plaintiff opposes the motion on the grounds that he did not refuse to appear, but rather that…