Nolen v. Aldrich Public Library et al

Filing 27

MOTION For Extension of Stay of All Proceedings and Other Relief filed by Wallace S. Nolen. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(law)

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UNITED STATES DISTRICT COURT
DISTRICT OF VERMONT

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WALLACE S. NOLEN,
Plaintiff,
-againstALDRICH PUBLIC LIBRA...RY eta!

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AFFJRMAT10Nmc,c c;
SUPPORT OF THE
PLAINTIFF FOR
EXTENT/ON OF
STAY OF ALL PROCEEDINGS
A1'+1D OTHER RELIEF

Defendants,

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STATE OF VERMONT, COUNTY OF WASHlNUTON ss.:

WALLACE S. NOLEN, being duly sworn, affirm under the penalties of peJjury:
1. I am the Plaintiff in the instant matter herein represented Pro Se.
2. I make this affirmation in support of my instant motion to e>etend the stay currently in
effect of all proceeding due to my continuing ill health as stated more fully herein.andlor to limit
the manner of any discovery, hearings, conferences etc. to permit them to be held via telephone
until such time that Plaintiff's health improves ..
3. Either in the end of September 2011 or the beginning of October 2011 I filed a written
motion to this court that due to my serious ill health, including being diagnosed with cancer of
the colon and other symptoms that I was unable to proceed in any matter before this court
including the instant matter.
4. On October &h, 2011, I had a section of my colon taken out by Dr. Jesse Moore, a
surgeon at Fletcher Allen Health Care in Burlington VT.
5. In November 2011 I began a chemotherapy regime to increase the chances of
eradication of any further cancer in my body.

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6. During the period immediately preceding the aforementioned surgery as well and again
during the subsequent in-hospital stay, my home was burglarized and ransacked twice. I had
roughly 45 file boxes of records which were dumped and ransacked in my basement home/office
including all of the various court tiles and their supporting documentation/evidence.
7. Immediately upon my release from Fletcher after the surgery, I have been under the
care of registered nurses from Central Vermont Home Health & Hospice.

8. Since my release l have been seen as often as 3 times per week by registered nurses
monitoring my condition including but not limited to the incision areas, dehydration symptoms,
severe diarrhea and even wounds caused by many falls as a direct result of my overall symptoms
including general severe weakness caused in part by the increased potency of the particular
chemotherapy medications and related symptoms of the chemotherapy and pre-existing medical
conditions ..

9.. Based upon numerous tails, dehydration, diarrhea, etc. I was admitted to Guitlord
Medical Center the end of January 2012 from a Friday to Monday.
10. On February 23rd, 2012 at the recommendation of Dr. Steven Ades, my oncologist at
Fletcher Allen Health Care who is handling my chemotherapy and cancer treatments, I underwent
what what suppose to be a routine "pain block" procedure in an attempt to reduce my severe
back, neck and shoulder pain without the use of other standardize treatments involving
prescription narcotics.
11. Approximately 30 minutes into the procedure my blood pressure dropped to
approximately 50 over 30.

12. As a result an ambulance was called and I was transported by ambulance from the
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Pain Clinic on Tilly Dr in Burlington to Fletcher's emergency room.
13. I was admitted and placed in the Intensive Care unit until February 25 1\ 2012.
14. At the time of my transport by ambulance I was unable to move my body with an
exception of moving my eyelids and my lips but was speak words.
15. While at Fletcher I asked doctors to send this court (and the US District CourtVermont District where I have other civil cases pending) a letter to advise both courts of my
hospital stay and inability to proceed in any way which 1 understand has been received by this
court.

16. Although the letter from one of my doctors at Fletcher stated that 1 would be
transferred to a rehabilitation facility, it was later determined that I was required to continue my
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stay at Fletcher until April 5th, 2012.
17. On April5 1h, 2012 in the afternoon, I was transported by Fletcher's Advance Life
Support (ALS) ambulance from the hospital to my home on a stretcher.
18. Upon my arrival at home a registered nurse and other personnel from Central
Vermont Home Health and Hospital ("'CVHHH") assisted me again due to my medical condition
which, while semi-stabilized, I was unable to walk without assistance and then for only short
distances with a walker.
19. Since April 5th I have been treated/aided by a physical therapist, occupation therapist,
registered nurses, licensed practical nurses, and home health aids from CVHHH as well as an out
patient with many different doctors including specialists.

20. Approximately three weeks ago I was transported by Green Mountain Transit Agency
("GMTA") to Beth Israel Deaconess Medical Center in Boston Massachusetts.
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21. As an outpatient, I underwent various surgical procedures in which it was determined
that I have problems with my pancreas including but not limited to a dilated pancratic duct which
was estimate to be more than three times normal size.

22. After consultations with all of the various doctors involved in my various treatments,
it was determined to resume my chemotherapy as of April 30th, 2012 which had been halted upon
my entry into the emergency room of Fletcher on February 23rd.

23. I have been told that I have at least 8 more sessions of chemotherapy which is
scheduled in 2 week cycles.

24. It is well known that anyone undergoing chemotherapy have an extremely low
tolerance and are required to avoid exposure to anyone with colds, flues, and/or other contagious
conditions due lowered immunity based on the chemotherapy drugs used which lower the bodies
overall ability to fight off infections, bacteria, etc.

25.ln addition, due to my weaken state including but not limited to frequent diarrhea it as
well as my inability to drive great distances, it is contraindicated that I travel any distances
especially if I am not able to gain quick access to a restroom. I am annexing a three page
recommedation sheet given to me on April 30th, 2012 by Fletcher staffwhich details symptoms
and other related information.h

26.I therefore request this court to stay this proceeding pending the successful
termination of my chemotherapy for the reasons set forth in this affirmation or issue an order
permitting any discovery proceedings, court hearings, etc. be done via telephone.

27.ln addition, I have been unable to locate any of the written discovery demands served
upon me by my opposition due to my records being ransacked.

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28. 1 therefore respectfully request that any such demands be reserved upon me and that 1

be given plenty of time given my circumstances to respond to such papers including the
possibility of my making motions for a protective order and/or other relief after review of such
pa~r:s.

WHEREFORE it is respectfully requested that this court grant an order staying any and
all proceedings in this matter or otherwise holding any and all conferences, discovery

proceedings, etc. via telephone; and whatever other and further relief this court feels just and
proper herein.

JU~J U__

Affirmed this 2nct day
of May, 2012

WALLACE S. NOLEN
Plaintiff Pro Se,
Mailing Address:
PO Box 1025
Montpelier VT 05601-1 025
Telephone: [phone]

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