LITTLE v. IVERY et al

Filing 50

MEMORANDUM AND ORDER that Plaintiff's request to receive another copy of Defendants' motion for summary judgment so that he may prepare a response, (ECF No. 48 ), is GRANTED; that Defendants' motion for summary judgment, (ECF No. 43 ), and Plaintiff's cross-motion for declaratory judgment, (ECF No. 45 ), are administratively terminated to permit additional briefing; that Plaintiff may file a supplementary opposition to Defendants' motion and a response to Defendants&# 039; statement of undisputed material facts no later than forty-five (45) days after the entry of this Memorandum and Order; that Defendants may file a reply to Plaintiffs supplementary opposition within fifteen (15) days of its filing. Signed by Judge Freda L. Wolfson on 4/11/2018. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
AL-KASEEM LITTLE,
:
:
Plaintiff,
:
Civ. No. 15-1815 (FLW) (DEA)
:
v.
:
:
DONIQUE IVERY et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff pro se, Al-Kaseem Little (“Little” or “Plaintiff”), alleges in a civil-rights
Complaint, filed under 42 U.S.C. § 1983, that defendants Donique Ivery and Abu Ahsan
(collectively, “Defendants”) showed deliberate indifference to his serious medical needs, in
violation of the Cruel and Unusual Punishment Clause of the Eighth Amendment. (See Compl.,
ECF No. 1.) Currently pending before the Court is a motion by Defendants for summary
judgment dismissing Little’s claims, primarily on the basis that Little has failed to show that their
conduct was deliberately indifferent. (See Mot. for Summ. J., ECF No. 43.) Little filed a onepage opposition to the summary-judgment motion, stating that he “intend[s] to prove [his]
allegations that defendants were deliberately indifferent to [his] medical needs and caused [him]
unbearable harm.” 1 (Opp’n to Summ. J., ECF No. 44.) Defendants’ reply urges that Little fails
to admit or deny any facts contained in Defendants’ statement of undisputed material facts, or
otherwise identify any dispute of fact. (Reply, ECF No. 46.) Consequently, Defendants contend
that the facts asserted in their motion must be accepted as true and summary judgment must be
granted in their favor. (Id.)

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Little also filed a one-page cross-motion for declaratory judgment in his favor. (Mot. for
Declaratory J., ECF No. 45.)

Two weeks after Defendants’ reply, Little sent a letter to the Court reporting that, during
a medical trip, some of his legal papers had been misplaced, lost, or stolen. (ECF No. 48.) He
indicated a desire to challenge Defendants’ statement of undisputed material facts and asked that
the Court furnish him with another copy of Defendants’ motion papers to enable him to prepare a
proper opposition. (Id.)
As Defendants note, Local Civil Rule 56.1 generally requires an opponent of summary
judgment to file “a responsive statement of material facts, addressing each paragraph of the
movant’s statement [of undisputed material facts], indicating agreement or disagreement and, if
not agreed, stating each material fact in dispute and citing to the affidavits and other documents
submitted in connection with the motion.” See L. Civ. R. 56.1. Nonetheless, the Court of
Appeals for the Third Circuit has noted that courts “tend to be flexible when applying procedural
rules to pro se litigants,” particularly imprisoned pro se litigants. Mala v. Crown Bay Marina,
Inc., 704 F.3d 239, 244 (3d Cir. 2013). The Third Circuit has also recognized a preference for
deciding claims on their merits rather than on procedural technicalities. See Dole v. Arco Chem.
Co., 921 F.2d 484, 487 (3d Cir. 1990). Accordingly, the Court will direct the Clerk to send Little
another copy of the motion papers and will permit Little a period of time to file a new opposition
to the motion and a response to Defendants’ statement of undisputed material facts.
Therefore, IT IS, on this 11th day of April 2018,
ORDERED that Plaintiff's request to receive another copy of Defendants’ motion for
summary judgment so that he may prepare a response, (ECF No. 48), is GRANTED; and it is
further

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ORDERED that Defendants’ motion for summary judgment, (ECF No. 43), and
Plaintiff’s cross-motion for declaratory judgment, (ECF No. 45), are administratively terminated
to permit additional briefing; and it is further
ORDERED that Plaintiff may file a supplementary opposition to Defendants’ motion and
a response to Defendants’ statement of undisputed material facts no later than forty-five (45)
days after the entry of this Memorandum and Order; and it is further
ORDERED that Defendants may file a reply to Plaintiff’s supplementary opposition
within fifteen (15) days of its filing; and it is further
ORDERED that the Clerk shall send to Plaintiff by regular U.S. mail (1) a copy of this
Memorandum and Order and (2) a copy of Defendants’ motion for summary judgment, including
all papers and attachments, (ECF No. 43).

s/Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge

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