Wall v. Lubelczyk et al

Filing 52

Judge George A. O'Toole, Jr: ORDER entered denying 40 Motion to Transfer Case; denying 48 Motion for Sanctions; granting 26 Motion for Extension of Time; denying 27 Motion to Appoint Counsel ; denying 30 Motion for Order; granting 36 Motion for Extension of Time to File Response/Reply re 36 MOTION for Extension of Time to 1/22/2016 to File Response/Reply as to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 26 MOTION for Extension of Time to 60-90 day to for opposition to ( Responses due by 1/22/2016); denying 37 Motion for Sanctions; denying 38 Motion for Discovery (Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 15-12993-GAO
GREGORY WALL,
Plaintiff,
v.
DR. REBECCA LUBELCZYK, et al.,
Defendants.

ORDER ON PENDING MOTIONS
August 2, 2016
O’TOOLE, D.J.
This Order resolves certain pending motions.
The plaintiff’s two motions (dkt. nos. 26 and 36) for an extension of time in which to
respond to the pending motions to dismiss (dkt. nos. 22 and 33) are GRANTED. The plaintiff shall
respond to each by September 1, 2016.1
The plaintiff’s motion to appoint counsel (dkt. no. 27) is DENIED.
The plaintiff’s motion for an order to ensure service (dkt. no. 30) is DENIED.
The plaintiff’s two motions for sanctions (dkt. nos. 37 and 48) are DENIED.
The plaintiff’s motion for discovery (dkt. no. 38) is DENIED.
The motion of defendants Groblewski, Lubelcyk, and Riendeau to transfer this case for the
purpose of conducting a medical malpractice tribunal (dkt. no. 40) is DENIED WITHOUT
PREJUDICE. As a matter of case management, the Court will first address the federal
constitutional and statutory claims only.

1

Because the motions to dismiss have been pending for over nine months, the Court is not inclined
to grant any further requests for additional time to respond to the two pending motions to dismiss.

Finally, the plaintiff shall effect service of process on all remaining defendants by
September 1, 2016, or they will be dismissed from this action.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge