MILLINER v. DIGUGLIELMO et al

Filing 47

ORDER AS FOLLOWS: THE MOTION/REQUEST TO ACCEPT THE PLFF'S AMENDED PETITION AS AN ADDITION TO THE PLFF'S ORIGINALLY FILED COMPLAINT IS GRANTED; DEFTS' MOTION TO DISMISS PRIOR VERSIONS OF THE COMPLAINT ARE DENIED AS MOOT; PLFF'S DIS COVERY REQUESTS ARE DENIED WITHOUT PREJUDICE TO REQUESTING DISCOVERY RELEVANT TO ANY CLAIMS THAT REMAIN FOLLOWING THIS COURT'S DISPOSITION OF DEFTS' PENDING MOTIONS TO DISMISS; PLFF'S REQUEST TO ENTER A JUDGMENT OF DEFAULT AGAINST DEFT CARROLL OSGOOD AND REQUEST TO STRIKE DEFT CARROLL OSGOOD'S MOTION TO DISMISS ARE DENIED AS MOOT; PLFF'S MOTION TO COMPEL THIS COURT TO RULE UPON HIS PENDING MOTIONS IS DENIED AS MOOT; PLFF'S REQUEST FOR A STAY IN THESE PROCEEDINGS IS GRANTED; THE CLERK IS DIRECTED TO SEND PLFF COPIES OF THIS COURT'S ORDERS DATED 8/13/09 AND 9/30/09 CONTEMPORANEOUSLY WITH COPIES OF THIS ORDER AND THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE LOUIS H. POLLAK ON 3/16/10. 3/16/10 ENTERED AND COPIES MAILED AND E-MAILED.(fb)

UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

JO H N MILLINER, C IV IL ACTION P l a in tif f , N o . 08-4905 v. D A V ID DIGUGLIELMO, et al., Defendants.

ORDER A N D NOW, this 16th day of March, 2010, it is hereby ORDERED as follows: (1 ) Plaintiff's Request to Accept the Plaintiff's Amended Petition as an Addition to the Plaintiff's Originally Filed Complaint (Docket No. 31) is construed as a motion to a m e n d under Rule 15(a)(2) of the Federal Rules of Civil Procedure, and so construed, the m o t io n is GRANTED; (2 ) Defendants' motions to dismiss prior versions of the complaint (Docket Nos. 8, 1 4 , 25, 27, and 29) are DENIED AS MOOT; (3 ) Plaintiff's discovery requests (Docket Nos. 20, 21, 22, and 33) are DENIED W I T H O U T PREJUDICE to requesting discovery relevant to any claims that remain f o l lo w in g this court's disposition of defendants' pending motions to dismiss; (4 ) Plaintiff's Request to Enter a Judgment of Default Against Defendant Carroll O sg o o d (Docket No. 17) and Request to Strike Defendant Carroll Osgood's Motion to

Dismiss (Docket No. 24) are DENIED AS MOOT; (5 ) Plaintiff's Motion to Compel this Court to Rule Upon His Pending Motions ( D o c k e t No. 34) is DENIED AS MOOT; (6 ) Plaintiff's Request for a Stay in These Proceedings (Docket No. 40) is G R A N T E D , and proceedings in this case are stayed for thirty (30) days after the entry of this Order; (7 ) Plaintiff is directed to inform this court within thirty days if he prefers to p ro c e ed pro se instead of waiting for the appointment of counsel; and (8 ) The Clerk is directed to send plaintiff copies of this court's Orders dated A u g u st 13, 2009 and September 30, 2009 (Docket Nos. 23 and 37) contemporaneously w ith copies of this order and the accompanying memorandum.

B Y THE COURT: /s /L o u is H. Pollak P o l la k , J.