Zamichieli v. Ficks et al

Filing 55

ORDER (memorandum filed previously as separate docket entry), GRANTING in part/DENYING in part 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Granted re 8th Amendment deliberate indifference and 1st Amendment retaliation claims; Denied re 8t h Amendment sexual assault and excessive force claims; Discovery due 5/31/22; Dispositive motions due 6/21/22; Scheduling of a PTC and trail is deferred pending disposition of dispositive motions; and Plaintiff's motion to change venue/jurisdiction 50 is DEEMED WITHDRAWN Signed by Honorable Malachy E Mannion on 3/17/22. (sm)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LAMONT ZAMICHIELI,
Plaintiff
v.

:
:

CIVIL ACTION NO. 3:18-0850

:

JAMIE FICKS, et al.,
Defendants

(JUDGE MANNION)

:
:
ORDER

In accordance with the Memorandum issued this date, IT IS HEREBY
ORDERED THAT:
1. Defendant Ficks’ motion to dismiss Plaintiff’s Eighth Amendment
deliberate indifference and First Amendment retaliation claims
(Doc. 31) is GRANTED.
2. Defendant Ficks’ motion to dismiss Plaintiff’s Eighth Amendment
sexual assault and excessive force claims (Doc. 31) is DENIED.
3. Discovery shall be completed on or before May 31, 2022. In
accordance with Local Rule of Court 5.4 (b), the parties shall refrain
from filing discovery requests with the Court.
4. Dispositive motions shall be filed on or before June 21, 2022.
5. No extensions of the pre-trial schedule shall be granted absent good
cause. See FED. R. CIV. P. 16(b).
6. Any motions or briefs filed after the expiration of the applicable
deadline, without prior leave of court, shall be stricken from the
record.

7. The scheduling of a final pre-trial conference and the trial date of
this matter is deferred pending disposition of dispositive motions.
8. Plaintiff’s motion to change venue and jurisdiction (Doc. 50) is
deemed withdrawn for Plaintiff’s failure to file a timely supporting
brief, in accordance with M.D. Local Rule 7.5.

s/ Malachy E. Mannion

MALACHY E. MANNION
United States District Judge
Dated: March 17, 2022
18-0850-02-ORDER

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