KRAMER v. THE CITY OF NEW KENSINGTON et al

Filing 112

MEMORANDUM ORDER Motions terminated: IT IS HEREBY ORDERED that Plaintiff's motion to seek additional discovery [ECF No. 108], motion for leave to take oral deposition [ECF No. 109] and motion for leave to request for documents and electronica lly stored information [ECF No. 110] are denied without prejudice to resubmit following the disposition of the appeal. Further ORDERED that CASE be marked CLOSED pending the resolution of the appeal. Signed by Chief Judge Joy Flowers Conti on 12/3/2015. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL KRAMER,
Plaintiff,
v.
THE CITY OF NEW KENSINGTON,
THE NEW KENSINGTON POLICE
DEPT., ANTHONY GRILLO
in their individually and official
capacities, RUSSELL BAKER
in their individual and official capacities,
GARY SCHUBERT
in their individual and official capacities,
and WILLIAM WEBER
Arnold Police Dept.; in their individual
and official capacities,
Defendants.

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Civil Action No. 13-606
United States Chief District Judge Joy
Flowers Conti
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
JOY FLOWERS CONTI, United States Chief District Judge.
Plaintiff Michael Kramer (“Plaintiff”) is a pro se state prisoner who filed this civil rights
suit pursuant to 42 U.S.C. § 1983 naming as defendants the City of New Kensington, the New
Kensington Police Department, and its officers, Baker, Grillo and Schubert, as well as the Arnold
Police Department officer, William Weber. Plaintiff’s amended complaint alleged violations of
his rights under the Fourth, Eighth and Fourteenth Amendments to the United States
Constitution. [ECF No. 39].
On September 25, 2015, this court granted in part and denied in part the Defendants’
motion for summary judgment. See Order of 9/25/2015 [ECF No. 103]. Concurrently, this court
ordered Plaintiff to file a notice within thirty days of the entry of the court’s order, i.e. October
25, 2015, whether he intended to proceed against the New Kensington defendants with his claims
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asserted under 42 U.S.C. § 1983 based upon the violation of his due process rights. Id. The court
informed Plaintiff that the failure to do so would result in dismissal of those claims. Id. The
court also allowed Plaintiff to submit a motion to seek additional discovery within thirty days of
the Order -- October 25, 2015. Id. Instead of doing so, Plaintiff appealed this court’s order to the
Court of Appeals for the Third Circuit on October 9, 2015, opened at USCA Case Number 153455. See Notice of Appeal [ECF No. 104].
Thereafter, on November 24, 2015, Plaintiff filed multiple discovery motions seeking
additional discovery [ECF No. 108], to take depositions [ECF No. 109] and a request for
documents and electronically stored information [ECF No. 110].
Because this case is presently on appeal, the following Order is entered:
AND NOW, this 3rd day of December, 2015, IT IS HEREBY ORDERED that Plaintiff’s
motion to seek additional discovery [ECF No. 108], motion for leave to take oral deposition
[ECF No. 109] and motion for leave to request for documents and electronically stored
information [ECF No. 110] are denied without prejudice to resubmit following the disposition of
the appeal;
IT IS FURTHER ORDERED that this case be marked CLOSED pending the resolution
of the appeal.
By the court,
/s/ Joy Flowers Conti
The Honorable Joy Flowers Conti
United States Chief District Judge
cc:

The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
Michael Kramer
GH7068
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SCI Houtzdale
PO Box 1000
Houtzdale, PA 16698
PRO SE
Counsel for Defendants
David J. Rosenberg
Weber Gallagher Simpson Stapleton Fires & Newby
Two Gateway Center, Suite 1450
603 Stanwix Street
Pittsburgh, PA 15222

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