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Lombardi v. Pugh

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 29, 2006

LAWRENCE LOMBARDI, PLAINTIFF
v.
MICHAEL PUGH, ET AL., DEFENDANT

The opinion of the court was delivered by: Judge McClure

ORDER

Background

This pro se civil rights action was initiated by Lawrence Lombardi ("Plaintiff"), an inmate presently confined at the United States Penitentiary, Lewisburg, Pennsylvania ("USP-Lewisburg"). Plaintiff seeks compensatory and punitive damages on the grounds that the Defendants were deliberately indifferent to his medical needs.

By Memorandum and Order dated January 17, 2006, Defendant Lawrence Schiffman, D.O.'s motion to dismiss was granted.*fn1 On March 8, 2006, the Federal Defendants' summary judgment motion was granted in part.*fn2 On March 28, 2006, remaining Defendants Laino, Levi, and Williamson filed an answer to the complaint. Thereafter, on April 14, 2006, the remaining Defendants filed a motion for judgment on the pleadings.*fn3 See Record document no. 41.

Presently pending is the remaining Defendants' motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c). See Record document no. 45. The motion requests that the remaining Defendants be granted a stay of their obligation to respond to the Plaintiff's pending discovery requests pending resolution of their pending motion for judgment on the pleadings.

The motion for protective order will be granted, the remaining Defendants are relieved from responding to Plaintiff's discovery requests until thirty (30) days after resolution of their motion for judgment on the pleadings and Lombardi's motion to amend, if necessary. Consequently,

IT IS HEREBY ORDERED:

1. The remaining Defendants' motion for a protective order (Record document no. 45) is GRANTED.

2. The remaining Defendants may file responses to Plaintiff's outstanding discovery requests within thirty (30) days following resolution of their motion for judgment on the pleadings and Plaintiff's motion to amend.

JAMES F. McCLURE, JR. United States District Judge


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