LOVE v. NEW JERSEY DEPARTMENT OF CORRECTIONS et al

Filing 94

LETTER ORDER/OPINION withdrawing 78 Application/Petition for leave to file an amended cmp. filed by LEMONT LOVE; Mr. Love has 14 days to submit a complete record per Paragraph 3 of the Supplemental Scheduling Order being issued this day. The Sta te Defendants will have 10 days to respond to Mr. Loves informal discovery motion; Defendant Nogan shall provide a certified response to Mr. Loves interrogatory demand within 10 days; etc. Signed by Magistrate Judge Steven C. Mannion on 4/10/17. (DD, )

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

April 10, 2017

LETTER ORDER/OPINION
Re:

Love v. New Jersey Dep’t of Corrections, et al.
Civil Action No. 15cv4404 (SDW)(SCM)

Dear Litigants:
The parties conferenced this matter today. For the reasons set forth on the record: (1)
Plaintiff Lemont Love (“Mr. Love”) has withdrawn his request to amend his Amended Complaint1
and shall serve the State Defendants with a revised proposal for their consent within 14 days; (2)
Mr. Love’s numerous letters concerning discovery disputes filed since December 2016, have not
presented a complete record of the at-issue disputes, so the Court will not further consider those
requests. Instead, Mr. Love has 14 days to submit a complete record per Paragraph 3 of the
Supplemental Scheduling Order being issued this day. The State Defendants will have 10 days to
respond to Mr. Love’s informal discovery motion; (3) The State Defendants have been informed
that if they can request for example, copies of any prisoner complaints respectively against them,
those documents are within their possession, custody or control,2 and shall amend their discovery

1

2

(ECF Docket Entry No. (“D.E.”) 78, 79).

See Lamon v. Adams, 2014 WL 309424 (E.D. Cal. 2014)(citing L.H. v. Schwartzenegger, 2007
WL 2781132 at 2 (E.D.Cal. Sep.21, 2007)).

responses within 14 days to include a privilege/confidentiality log for responsive documents
withheld from discovery;3 (4) The State Defendants will also consider whether their counsel has
or will be granted authority to accept discovery subpoenas from Mr. Love for relevant discovery
within the State of New Jersey’s control that is not within their respective control to expedite the
completion of discovery in this matter; and (5) Defendant Nogan shall provide a certified response
to Mr. Love’s interrogatory demand within 10 days. The Clerk of the Court shall provide a copy
of this Order to the Plaintiff.
IT IS SO ORDERED.

4/10/2017 4:43:44 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

3

See Torres v. Kuzniasz, 936 F. Supp. 1201, 1206 (D.N.J. 1996).
2