LAWSON v. OVERMYER et al

Filing 99

ORDER granting in part and denying in part 98 Motion to Compel Disclosure of Motion for Summary Judgment. Plaintiffs motion essentially seeks two things: (1) copies of Defendants Motion for Summary Judgment and related filings, and (2) an exte nsion of time to respond to the Motion for Summary Judgment. The Court will provide Plaintiff an additional thirty days from the date of this order to file his Response in Opposition to Defendants Motion for Summary Judgment. That response is now du e on or before March 11, 2019. Because of the voluminous nature of Defendants summary judgment papers, the Court is not providing copies to Plaintiff at his time. However, the Plaintiff is instructed to notify the Court in the event he has not rece ived copies of the Defendants Motion for Summary Judgment, Brief in Support, Concise Statement of Material Fact, and Appendix, as well as the Defendants Response in Opposition to Plaintiffs Motion for Summary Judgment and Response to Plaintiffs Concise Statement of Material Fact by March 1, 2019. Signed by Magistrate Judge Richard A. Lanzillo on 2/12/2019. (dm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TYREE LAWSON,
Plaintiff

Case No. 1:17-cv-00038 (ERIE)

vs.
RICHARD A. LANZILLO
UNITED STATES MAGISTRATE JUDGE

WILLIAM BLOSS, JAMES
WOLFGANG,
Defendants

ORDER

Presently before the Court is Plaintiff Tyree Lawson’s Motion to Compel Disclosure of
Defendants’ Motion for Summary Judgment, ECF No. 98. Plaintiff’s motion essentially seeks
two things: (1) copies of Defendants’ Motion for Summary Judgment and related filings, and (2)
an extension of time to respond to the Motion for Summary Judgment. Plaintiff’s motion is
granted in part and denied in part as set forth below.
In this motion, Plaintiff states that, as of February 1, 2019, he has not received copies of
the Defendants’ Motion for Summary Judgment and related filings. The docket in this matter
reveals that the Defendants filed their Motion for Summary Judgment, Brief in Support, Concise
Statement of Material Facts, and Appendix on December 28, 2019. See ECF Nos. 87-90. That
same day, the Defendants also filed a Response in Opposition to Lawson’s Motion for Summary
Judgment as well as a Response to Lawson’s Concise Statement of Material Facts. See ECF
Nos. 91-92.
On January 4, 2019, the Court entered an order setting February 4, 2019, at the due date
for any Response the Plaintiff wishes to file in opposition to the Defendants’ Motion for

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Summary Judgment. ECF No. 93. On January 7, 2019, the Court received Plaintiff’s Motion to
Oppose Defendants’ Deposition Record, which the Court denied, instructing the Plaintiff that,
“to the extent Plaintiff wishes to clarify his deposition testimony or object to any portion thereof,
Plaintiff may do so by attaching an affidavit to his response to Defendants’ Motion for Summary
Judgment.” ECF No. 95.
Now, Plaintiff has filed a Motion to Compel Disclosure of Defendant’s Motion for
Summary Judgment. The Defendants’ Motion for Summary Judgment contains a Certificate of
Service, in which Deputy Attorney General Sandra A. Kozlowski certifies that a copy of the
motion was sent to the Plaintiff via First-Class United States Mail to the Plaintiff at the following
address:
Tyree Lawson, JW2704
SCI Phoenix
Smart Communications/PADOC
PO Box 33028
St. Petersburg, FL 33733.
ECF No.87 at 3. The other documents filed contemporaneously by the Defendants contain
identical certifications. See ECF No. 88, at 10; ECF 89, at 4-5; ECF No. 90, at 3; ECF No. 91, at
4; ECF No. 92, at 5. Despite these Certificates of Service, Plaintiff now represents that he never
received any of these documents. Therefore, out of an abundance of caution, the Court will
provide Plaintiff an additional thirty days from the date of this order to file his Response in
Opposition to Defendants’ Motion for Summary Judgment. That response is now due on or
before March 11, 2019. Because of the voluminous nature of Defendants’ summary judgment
papers, the Court is not providing copies to Plaintiff at his time. However, the Plaintiff is
instructed to notify the Court in the event he has not received copies of the Defendants’ Motion
for Summary Judgment, Brief in Support, Concise Statement of Material Fact, and Appendix, as

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well as the Defendants’ Response in Opposition to Plaintiff’s Motion for Summary Judgment
and Response to Plaintiff’s Concise Statement of Material Fact by March 1, 2019.
So ordered.

s/Richard A. Lanzillo
RICHARD A. LANZILLO
UNITED STATES MAGISTRATE JUDGE

Entered this 12th day of February, 2019.

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