Documentation to "My Case"

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April 11, 2006

Honorable Arlene R. Lindsay, United States Magistrate Judge
United States District Court, Eastern District of New York
Long Island Federal Courthouse, 100 Federal Plaza Room
814 Federal Plaza
Central Islip, NY 11722-4438

Re: Tibor Gasparik vs. Stony Brook University
CV 05-3817 (SJF/ARL)

Your Honor, Magistrate Judge Lindsay:

I am the Plaintiff pro se in the above captioned case against the Defendant, Stony Brook University, and this letter is in response to the objection to your order from March 30, 2006, served on April 10, 2006, by Lori L. Pack, attorney for the Defendant (docketed entry 29). In this objection the Defendant claims not being able to produce requested documents because “the policy of the Defendant is to destroy these type of records (if they existed) after ten years.” However, the said policy (if authentic) would only apply to the documents of two out of the listed four research personnel, Kurt Leinenweber and Yanbin Wang, who were terminated more than 10 years ago, while from the other two, Michael T. Vaughan is still employed by the Defendant, and Jianzhong Zhang was terminated in 2003. The Plaintiff fully expects from the Defendant to produce the requested documents for Michael T. Vaughan and Jianzhong Zhang in compliance with the said order.

It is evident that the Defendant’s attorney provided again a misleading objection to avoid producing any relevant documents in the sustained effort to frustrate Plaintiff’s discovery and delay speedy resolution of the case. This act of deception alone should justify the imposition of the long-overdue mandatory sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure. It is also evident and already amply documented that the Defendant is determined not to cooperate in the discovery, and would only respond to a credible threat of sanctions.

Thank you in advance for your kind attention to this matter.


Respectfully yours,



Tibor Gasparik
Plaintiff pro se and
Research Associate Professor
352 Plad Blvd
Holtsville, NY 11742
(631) 447-2168


cc.: Lori L. Pack