Cummings v. Bullock et al

Filing 66

MEMORANDUM AND ORDER re: 61 MOTION for Sanctions filed by William Cummings, 65 MOTION for Extension of Time to File a Dispositive Motion. We will DENY this motion for sanctions since Boyes could have justifiably declined to respon d to interrogatories that were not addressed to him. IT IS ORDERED however, that Cummings may propound interrogatories upon Boyes on or before March 21, 2017. We will extend the dispositive motions deadline to April 21, 2017. Signed by Magistrate Judge Martin C. Carlson on March 1, 2017. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM CUMMINGS,

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Plaintiff,
v.
SERGEANT VOLACK, et al.,
Defendants.

CIVIL NO. 3:15-CV-2245
(Judge Conaboy)

(Magistrate Judge Carlson)

MEMORANDUM AND ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
The plaintiff, who is proceeding pro se, commenced this action by a complaint
on November 23, 2015. (Doc. 1.) The plaintiff has filed a series of motions to amend
his complaint, most recently filing a motion to amend on April 7, 2016. (Doc. 34.)
Recognizing that leave to amend should be liberally granted, we granted this motion
and the clerk was directed to file the proposed amended complaint, (Doc. 34-1.) as
the amended complaint in this case.
Counsel has entered an appearance for numerous corrections defendants, and
we have set, and extended discovery deadlines in this case. As discovery drew to a
close on February 1, 2017, Cummings filed a motion for sanctions, (Doc. 61.), which
alleged that one of the defendants in this lawsuit, defendant Boyes, should be

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sanctioned for failing to respond to interrogatories. (Id.) Defendant Boyes, through
counsel, has responded to this motion, noting that the interrogatories received from
the plaintiff did not include a request for interrogatory responses from defendant
Boyes. (Doc. 63, and 63-1.) Given that Cummings’ interrogatories did not clearly
include defendant Boyes, we will DENY this motion for sanctions since Boyes could
have justifiably declined to respond to interrogatories that were not addressed to him.
IT IS ORDERED however, that Cummings may propound interrogatories upon Boyes
on or before March 21, 2017. Boyes may then respond to these interrogatories as
provided for by the Federal Rules of Civil Procedure.
The defendants have also sought an extension of time in which to file
dispositive motions. (Doc. 65.) Having allowed the plaintiff an extension of time in
which to complete discovery, we will GRANT this motion and extend the dispositive
motions deadline to April 21, 2017, in order to allow the defendants sufficient
additional time to complete any discovery responses and file any dispositive motions.
SO ORDERED, this 1st day of March, 2017.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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