Opinion
1:20-CV-00169-RAL
11-15-2021
ROBERT RHODES, Plaintiff, v. DEREK OBERLANDER, STATE CORRECTIONAL INSTITUTION FOREST'S CORRECTION EMERGENCY RESPONSE TEAM, ALL IN THEIR INDIVIDUAL CAPACITIES; C/O BRENDAN CLARK, SGT. JASON DIETRICH, JOHN DOE, SCI-FOREST CERT TEAM, ALL IN THEIR INDIVIDUAL CAPACITIES; AND JOHN DOE CERT TERM CORRECTIONS OFFICERS 1-20, Defendants,
ORDER ON DEFENDANTS MOTION TO DISMISS ECF NO. 50
RICHARD A. LANZILLO, UNITED STATES MAGISTRATE JUDGE
Based upon this morning's status conference in this matter, it is hereby ORDERED as follows:
1. Defendants are to provide the Plaintiff with a copy of the video recording of the incident within ten days of the date of this order;
2. The Plaintiffs requests for documents and other written discovery are to be responded-to by the Defendants within thirty-days of the date of this order;
3. Within twenty-one days of the receipt of the video recording and the other requested discovery materials, the Plaintiff is granted leave of court to file a second Amended Complaint;
3. The Defendants' motion to dismiss, pending at ECF No. 50 is DENIED without prejudice. Defendants may refile their present motion or an entirely new motion to dismiss within twenty-one days of the filing of a second Amended Complaint;
4. A telephonic status conference is hereby set for Wednesday, December 22, 2021, beginning at 9:00 AM.
ORDERED and DATED