The law firm for an upstate school district embroiled in a sexual harassment action has been sanctioned by a federal judge for failing to appear at a deposition. Western District Judge Charles J. Siragusa, adopting the order of Magistrate Judge Marian W. Payson, found that Frank W. Miller in East Syracuse failed to appear for a 2010 deposition in Carlson v. Geneva City School District, 08-cv-6202, and must reimburse the plaintiff for attorney’s fees related to the missed deposition as well as those incurred in bringing the motion for sanctions.
According to Judge Siragusa’s decision, the plaintiff’s counsel, Annette M. Gifford of Thomas & Solomon in Rochester, had repeatedly attempted to find an agreeable date for depositions before setting a date herself and providing the defendants with six week’s notice, “as was her right.” The defendant did not object to the date, Tuesday, Sept. 14, 2010, until the evening of the Friday before and even then “did not specifically indicate he would not be attending,” according to the decision.
