Dicks v. Flury et al

Filing 64

MEMORANDUM AND ORDER DENYING W/OUT PREJUDICE 40 Motion to Dismiss or, in the Alternative Motion for Summary Judgment; DENYING W/OUT PREJUDICE 54 Motion to Continue Dispositive Motions Deadline. Signed by Judge George Levi Russell, III on 2/5/2016. (c/m)(hmls, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
Chambers of
GEORGE L. RUSSELL, III
United States District Judge

101 West Lombard Street
Baltimore, Maryland 21201
410-962-4055

February 5, 2016
MEMORANDUM TO PARTIES RE:

Andrew J. Dicks v. Greg Flury, P.A., et al.
Civil Action No. GLR-14-1016

Dear Parties:
Pending before the Court are Defendant Frank Bishop’s Motion to Dismiss or, in the
Alternative, Motion for Summary Judgment (ECF No. 40) and Defendants Greg Flury, P.A., and
Colin Ottey, M.D.’s (the “Medical Defendants”) Motion to Continue Dispositive Motions Deadline
(ECF No. 54). The Court, having reviewed the Motions and supporting documents, finds no hearing
necessary. See Local Rule 105.6 (D.Md. 2014). For the reasons that follow, the Motions will be
denied without prejudice.
On September 29, 2015, the Court granted Plaintiff Andrew Dicks’s Motion to Appoint
Counsel. (ECF No. 55). Since that time, the Court has granted two Motions for Reconsideration of
appointment of counsel. (ECF Nos. 60, 63). The Court will deny Bishop’s Motion without
prejudice until the Court appoints new counsel. When new counsel is appointed and the fourteenday deadline for filing a motion for reconsideration has passed, Bishop is directed to file a line
renewing his Motion.
As for the Medical Defendants’ Motion, the Court will also deny it without prejudice. The
current Scheduling Order will be held in abeyance until the Court resolves Bishop’s dispositive
Motion. After resolving Bishop’s Motion, the Court will issue a revised scheduling order
Based on the foregoing reasons, Bishop’s Motion to Dismiss or, in the Alternative, Motion
for Summary Judgment (ECF No. 40) and the Medical Defendants’ Motion to Continue Dispositive
Motions Deadline (ECF No. 54) are DENIED WITHOUT PREJUDICE. Despite the informal nature
of this memorandum, it shall constitute an Order of this Court, and the Clerk is directed to docket it
accordingly and mail a copy to Dicks at his address of record.
Very truly yours,
/s/
_______________________
George L. Russell, III
United States District Judge