IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
August 5, 2008
RORY M. WALSH, INDIVIDUALLY AND AS NATURAL GUARDIAN OF C.R.W., PLAINTIFF
DR. ROBERT KRANTZ, ET AL., DEFENDANTS
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 5th day of August, 2008, upon consideration of pro se plaintiff's motion (Doc. 67) for partial summary judgment on his Fourth Amendment claim against defendant Dr. Robert Krantz for alleged eavesdropping on a telephone conversation, and it appearing that plaintiff seeks summary judgment on this claim, in part, because of the erroneous assertion that defendants failed to challenge this claim (see Doc. 67 at 1; Doc. 68 at 3-4; Doc. 69 ¶ 15),*fn1 and that discovery on this claim has not concluded (see Doc. 46 (setting a discovery deadline of September 16, 2008 and a dispositive motion deadline of September 30, 2008); see also Doc. 53 (staying discovery on all claims except claims relating to the alleged eavesdropping on a telephone conversation between plaintiff and his son)), it is
hereby ORDERED that the instant motion (Doc. 67) is DENIED without prejudice to plaintiff's right to file a motion for summary judgment in accordance with the pretrial schedule.