LOVE v. NEW JERSEY DEPARTMENT OF CORRECTIONS et al

Filing 131

LETTER ORDER-OPINION denying re 100 Application/Petition to file motion for class certf. denying w/out prejudice 97 Application/Petition to strike and serve additional interrogatories, granting 120 Application to Extend Disc., denying w/out prejudice 96 Application/Petition for protective order, denying w/out prejudice 101 Application/Petition to strike and serve additional interrogatories. Signed by Magistrate Judge Steven C. Mannion on 7/25/17. (DD, ) N/M

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

Chambers of

Martin Luther King Jr, Federal Bldg.
& U.S. Courthouse
50 Walnut Street
Newark, NJ 07102
[phone]

STEVEN C. MANNION
United States Magistrate Judge

July 25, 2017
LETTER ORDER-OPINION
Re:

D.E. 96, 97, 101, 120
Love v. New Jersey Dep’t of Corrections, et al.
Civil Action No. 15cv4404 (SDW)(SCM)

Dear Litigants:
Plaintiff Lemont Love (“Mr. Love”) has submitted informal motions for a protective
order;1 to strike;2 for class certification;3 to serve additional interrogatories;4 and to extend the
discovery end date.5 Each of those requests are addressed below. Mr. Love’s informal motions to
file an amended complaint6 and to compel discovery7 will be addressed in separate writings.

1

(ECF Docket Entry No. (“D.E.”) 96).

2

(D.E. 97).

3

(D.E. 100).

4

(D.E. 101).

5

(D.E. 120).

6

(D.E. 99).

7

(D.E. 103).

1. D.E. 96, Protective Order
Mr. Love requests an order protecting unnamed witnesses from misconduct by unnamed
employees of East Jersey State Prison. He has not provided the Court with sufficient information
to evaluate this request or to fashion any relief. His request is therefore denied without prejudice.

2. D.E. 97, 101 Motions to Strike and to Serve Additional Interrogatories
The informal motions to strike and to serve additional interrogatories are incomplete
discovery applications, i.e., they do not comply with the requirements set forth in Paragraph 3 of
the Supplemental Scheduling Order filed on April 10, 2017.8 Mr. Love has also not shown good
cause for the relief requested. Therefore, those requests are denied without prejudice.

3. D.E. 100, Class Certification
Mr. Love is a pro se non-attorney and wishes to file a motion for class certification.9 Only
attorneys may represent others in federal cases.10 Therefore, a non-attorney such as Mr. Love
cannot represent any other person in federal court.11 The relief requested is therefore denied.
4. D.E.120, Motion to Extend Discovery
Requests for extensions of deadlines are governed by Local Rule.12 The fact discovery end
date in this matter was set for June 9, 2017.13 By letter received June 8, 2017, Mr. Love requested

8

(D.E. 94, Order at ¶ 3).

9

(D.E. 100).

10

A.H. v. South Orange Maplewood Bd. of Educ., 153 Fed. Appx. 863 (3d Cir. 2005), cert. den.,
549 U.S. 945 (2006).
11

Lazaridis v. Wehmer, 591 F.3d 666, 672 (3d Cir. 2010).

12

See L.Civ.R. 6.1.

13

(D.E. 93).
2

an extension of the fact discovery end date so that he could serve subpoenas.14 The Clerk’s Office
has mailed form subpoenas to Mr. Love and he has already received this Court’s opinion regarding
the service of subpoenas. The Officer Defendants do not oppose this request.15 The informal
motion is therefore granted.
The Clerk of the Court shall provide a copy of this Order to Plaintiff, Mr. Love.
IT IS SO ORDERED.

7/25/2017 2:00:27 PM

Original: Clerk of the Court
Hon. Susan D. Wigenton, U.S.D.J.
cc: All parties
File
Mr. Lemont Love
670637/331321C
East Jersey State Prison
Lockbag R
Rahway, NJ 07065

14

(D.E. 120).

15

(D.E. 124).
3