Oliver v. Wetzel et al

Filing 163

ORDER (memorandum filed previously as separate docket entry), GRANTING Dfts Oliver, Smart, Treweek Yohn and Stevens 103 MOTION for Summary Judgment; DENYING pltf's motions to reopen discovery 142 , to compel 143 , imposition of sanct ions 144 ,appt of counsel 146 , environmental testing 150 , to strike 151 , and leave to reply 154 and directing pltf to file brief/op re Medical dfts' motion for sum/jgm by 4/10/19. Signed by Honorable James M. Munley on 3/29/19. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY EDWARD OLIVER,

:
Civil No. 3:16-cv-0407
:
Plaintiff
:
(Judge Munley)
v.
:
:
JOHN WETZEL, et al.,
:
:
Defendants :
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 29th day of March 2019, upon consideration of the motion
(Doc. 103) for summary judgment filed on behalf of Defendants Oliver, Smart, Treweek,
Yohn and Stevens, and for the reasons set forth in the Court’s Memorandum of the same
date, and upon further consideration of various pending motions (Docs. 100, 142, 143,
144, 146, 150, 151, 154) it is hereby ORDERED that:
1.

The motion (Doc. 103) for summary judgment filed on behalf of DOC
Defendants Oliver, Smart, Treweek, Yohn and Stevens is GRANTED.

2.

Entry of Judgment in favor of Defendants Oliver, Smart, Treweek, Yohn
and Stevens and against Plaintiff is DEFERRED pending final disposition
of the matter.

3.

Plaintiff’s motion (Doc. 150) for environmental testing and motion (Doc.
154) for leave to file a reply to the DOC Defendants’ brief in opposition to
his motion to compel are DENIED as moot.

4.

Plaintiff’s motion (Doc. 143) to compel with respect to the DOC
Defendants is DENIED as moot. The motion as it relates to the Medical
Defendants is DENIED based on their representation that they have
produced all medical and other records in their possession and control, that
the medical licensure information is not relevant, and, to the extent that
Plaintiff desires to obtain such information, it is public information, and

based on their disclosure that none of them have ever been suspended or
had any medical board action taken against them (Doc. 147).
5.

Plaintiff’s motion (Doc. 142) for leave to reopen discovery and compel
disclosure is DENIED.

5.

Plaintiff’s motion (Doc. 144) for imposition of sanctions is DENIED.

6.

Plaintiff’s motion (Doc. 146) for appointment of counsel is DENIED for
the reasons stated in the prior Order (Doc. 124) of Court. If further
proceedings demonstrate the need for counsel, the issue will be
reconsidered either sua sponte or upon motion of Plaintiff.

7.

Plaintiff’s motion (Doc. 151) to strike the Medical Defendants’ omnibus
response is DENIED.

8.

Plaintiff shall file, on or before April 10, 2019, a brief in opposition to the
Medical Defendants’ motion (Doc. 100) for summary judgment. Failure to
do so will result in the motion being deemed unopposed.

9.

Plaintiff shall also file a statement of material facts responding to the
numbered paragraphs set forth in Defendants’ statement (Doc. 102) of
material fact. Failure to do so will result in the facts being deemed
admitted. See L.R. 56.1.
BY THE COURT:
s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court