Mazza v. Austin et al
Filing
159
ORDER signed by Magistrate Judge Allison Claire on 07/12/19 ORDERING Plaintiffs filings in opposition to defendants motions for summary judgment, ECF Nos. 148 , 149 , 153 and 154 , are construed as a consolidated opposition thereto, without pena lty for multiple filings. Plaintiffs fourth request for appointment of counsel, 150 request for appointment of a neutral medical examiner, 147 (see also ECF No. 152 ); and motion to subpoena witnesses at trial, ECF No. 151 , are each denied without prejudice as premature; plaintiff may renew these motions should he prevail on summary judgment. (Plummer, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
BRYAN MAZZA,
12
Plaintiff,
13
14
No. 2:14-cv-0874 TLN AC P
v.
ORDER
L. AUSTIN, et al.,
15
Defendants.
16
17
Plaintiff has filed several documents following the filing of defendants’ respective
18
motions for summary judgment. See ECF Nos. 143, 144. Four of plaintiff’s filings, all filed the
19
same day, are directly responsive defendants’ motions for summary judgment and will be
20
construed as a consolidated opposition thereto. See ECF Nos. 148, 149, 153, 154. Three of
21
plaintiff’s filings, filed the same day as plaintiff’s opposition, address matters that will become
22
pertinent only if this case proceeds to trial. See ECF Nos. 147, 150-52. These requests will
23
therefore be denied without prejudice to renewal at an appropriate time.
24
Accordingly, IT IS HEREBY ORDERED that:
25
1. Plaintiff’s filings in opposition to defendants’ motions for summary judgment, ECF
26
Nos. 148, 149, 153 and 154, are construed as a consolidated opposition thereto, without penalty
27
for multiple filings.
28
////
1
1
2. Plaintiff’s fourth request for appointment of counsel, ECF No. 150;1 request for
2
appointment of a neutral medical examiner, ECF Nos. 147 (see also ECF No. 152); and motion to
3
subpoena witnesses at trial, ECF No. 151, are each denied without prejudice as premature;
4
plaintiff may renew these motions should he prevail on summary judgment.
5
SO ORDERED.
6
DATED: July 12, 2019
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
See ECF No. 136 (setting forth the applicable standards and court’s reasons for denying
plaintiff’s fourth request for appointment of counsel).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?