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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYAN MAZZA,

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Plaintiff,

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No. 2:14-cv-0874 TLN AC P

v.

ORDER

L. AUSTIN, et al.,

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Defendants.

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Plaintiff has filed several documents following the filing of defendants’ respective

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motions for summary judgment. See ECF Nos. 143, 144. Four of plaintiff’s filings, all filed the

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same day, are directly responsive defendants’ motions for summary judgment and will be

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construed as a consolidated opposition thereto. See ECF Nos. 148, 149, 153, 154. Three of

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plaintiff’s filings, filed the same day as plaintiff’s opposition, address matters that will become

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pertinent only if this case proceeds to trial. See ECF Nos. 147, 150-52. These requests will

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therefore be denied without prejudice to renewal at an appropriate time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s filings in opposition to defendants’ motions for summary judgment, ECF

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Nos. 148, 149, 153 and 154, are construed as a consolidated opposition thereto, without penalty

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for multiple filings.

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2. Plaintiff’s fourth request for appointment of counsel, ECF No. 150;1 request for

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appointment of a neutral medical examiner, ECF Nos. 147 (see also ECF No. 152); and motion to

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subpoena witnesses at trial, ECF No. 151, are each denied without prejudice as premature;

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plaintiff may renew these motions should he prevail on summary judgment.

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SO ORDERED.

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DATED: July 12, 2019

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See ECF No. 136 (setting forth the applicable standards and court’s reasons for denying
plaintiff’s fourth request for appointment of counsel).
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