Njos v. Kane et al

Filing 79

ORDER granting in part and denying in part 40 Motion for Damages; granting in part and denying in part 58 Motion ; granting 60 Motion to Compel; denying 67 Motion ; granting in part and denying in part 68 Motion for Leave to File; fin ding as moot 73 Motion to Compel; finding as moot 76 Motion. (Memorandum previously filed.) 1. Plaintiffs motion to increase damages (Doc. 40) is granted onlyto the extent that Plaintiff is permitted to increase his damagerequest in this action under the FTCA to $20,000.00.2. Plaintiffs motion for leave to file supplemental brief toDocument 40 (Doc. 68) is granted only in so far as the exhibitsattached to Document 68 have been considered in addressingPlaintiffs request to increase his damages under the FTCA. Themotion is denied to the extent that Plaintiff seeks to increase thedamage claim to $50,000.00.3. Plaintiffs motion with respect to the courts failure to rule on hisrequest to increase damages (Doc. 76) is denied as mo ot.4. Plaintiffs motion for leave to depose Kenneth Zook (Doc. 58) isgranted in part and denied in part. The motion is granted tothe extent that Plaintiff is free to conduct the deposition ofKenneth Zook. The motion is denied with respect to anyreque st to have the court or the government pay the expensesrelated to the deposition or to pay the expenses in installments.5. Plaintiffs motion for the court to infer facts (Doc. 67) is deniedwithout prejudice.6. Plaintiffs motion to compel the Clerk of Court to issue asubpoena (Doc. 60) is granted. The Clerk of Court is directed toissue a subpoena to Plaintiff for his use in the course of discoveryin this case.7. The Clerk of Court shall complete the caption and case numberon the blank subpoena fo rm. Plaintiff is directed to file acertificate of service with respect to any subpoena he serves, andto return any unused subpoena to the Clerk of Court no more thanten (10) days after the termination of this lawsuit.8. Plaintiffs motion for the cour t to compel the Office of InspectorGeneral to respond to his FOIA request (Doc. 73) is denied asmoot.9. All discovery in this action shall be completed by the partieswithin sixty (60) days from the date of this order. Anydispositive motions shall be filed within thirty (30) days from theclose of discovery. Signed by Honorable Edwin M. Kosik on 3/5/2015 (bg) Modified on 3/5/2015 (bg).

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

SCOTT NJOS,
Plaintiff
v.
THOMAS R. KANE, et al.,
Defendants

:
:
:
:
: CIVIL NO. 3:CV-12-1252
:
: (Judge Kosik)
:
:
ORDER

AND NOW, THIS 5TH DAY OF MARCH, 2015, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED AS FOLLOWS:
1.

Plaintiff’s motion to increase damages (Doc. 40) is granted only
to the extent that Plaintiff is permitted to increase his damage
request in this action under the FTCA to $20,000.00.

2.

Plaintiff’s motion for leave to file supplemental brief to
Document 40 (Doc. 68) is granted only in so far as the exhibits
attached to Document 68 have been considered in addressing
Plaintiff’s request to increase his damages under the FTCA. The
motion is denied to the extent that Plaintiff seeks to increase the
damage claim to $50,000.00.

3.

Plaintiff’s motion with respect to the court’s failure to rule on his
request to increase damages (Doc. 76) is denied as moot.

4.

Plaintiff’s motion for leave to depose Kenneth Zook (Doc. 58) is
granted in part and denied in part. The motion is granted to
the extent that Plaintiff is free to conduct the deposition of
Kenneth Zook. The motion is denied with respect to any
request to have the court or the government pay the expenses
related to the deposition or to pay the expenses in installments.

5.

Plaintiff’s motion for the court to infer facts (Doc. 67) is denied
without prejudice.

6.

Plaintiff’s motion to compel the Clerk of Court to issue a
subpoena (Doc. 60) is granted. The Clerk of Court is directed to
issue a subpoena to Plaintiff for his use in the course of discovery
in this case.

7.

The Clerk of Court shall complete the caption and case number
on the blank subpoena form. Plaintiff is directed to file a
certificate of service with respect to any subpoena he serves, and
to return any unused subpoena to the Clerk of Court no more than
ten (10) days after the termination of this lawsuit.

8.

Plaintiff’s motion for the court to compel the Office of Inspector
General to respond to his FOIA request (Doc. 73) is denied as
moot.

9.

All discovery in this action shall be completed by the parties
within sixty (60) days from the date of this order. Any
dispositive motions shall be filed within thirty (30) days from the
close of discovery.

s/Edwin M. Kosik
EDWIN M. KOSIK
United States District Judge

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