Opinion
Civil Action 3:21-1231
09-20-2022
CHARLES TALBERT, Plaintiff v. JOHN WETZEL, et al., Defendants
ORDER
MALACHY E. MANNION, UNITED STATES DISTRICT JUDGE.
In accordance with the Memorandum issued this date, IT IS HEREBY ORDERED THAT:
1. Plaintiff's motion to terminate Defendants Scott Prince, Michael Maciejczak, Kevin Ransom and Lea Martin and the claims raised against these Defendants, as well as to dismiss Plaintiff's Count Five - Exposure to Unsafe and Inhumane Conditions (Doc. 297) is GRANTED.
2. The Clerk of Court is directed to TERMINATE Defendants Scott Prince, Michael Maciejczak, Kevin Ransom and Lea Martin from the above captioned action.
3. The motion to dismiss, filed on behalf of Defendant, Scott Prince, (Doc. 188) is DISMISSED as moot.
4. The motion to dismiss, filed on behalf of Defendant, Geisinger Clinic (Doc. 176) is GRANTED.
5. The Clerk of Court is directed to TERMINATE Defendant, Geisinger Clinic from the above captioned action.
6. Plaintiff's motion for sanctions against Defendant Geisinger Clinic (Doc. 154) is DISMISSED as moot.
7. The motion to dismiss, filed on behalf of Defendant Gina Harrison (Doc. 184) is GRANTED.
8. The Clerk of Court is directed to TERMINATE Defendant Harrison from the above captioned action.
9. Plaintiff's motion to strike Defendant Harrison's supplemental brief in support of her motion to dismiss (Doc. 218) is DENIED.
10. The Commonwealth's motion to dismiss Plaintiff's second amended complaint for failure to comply with Fed.R.Civ.P. 8 and Fed.R.Civ.P. 20 (Doc. 222) is GRANTED.
11. On, or before, October 7, 2022, Plaintiff shall file a third amended complaint, indicating which one of the four remaining “Conditions” in his second amended complaint he seeks to proceed with, as set forth in this Court's accompanying Memorandum.
12. Plaintiff's failure to file a third amended complaint, in accordance with this Court's accompanying Memorandum will result in Plaintiff second amend complaint proceeding on only “Condition One,” and the remainder of Plaintiff's second amended complaint being stricken.
13. Plaintiff's partial motion for judgment on the pleadings (Doc. 171) is DISMISSED as premature.
14. Plaintiff's motions to compel discovery (Docs. 173, 182, 249) are DISMISSED without prejudice to renewal after the filing of Plaintiff's third amended complaint.
15. Plaintiff's motion to refer the above captioned action to this Court's Prison Litigation Settlement Program, (Doc. 208) is DISMISSED as premature.
16. Plaintiff's motion for more definite statement regarding the 801 Policy (Doc. 225) is DISMISSED as moot.
17. Plaintiff's motion to stay proceedings (Doc. 227) pending the production of Plaintiff's medical records and Plaintiff's motion to defer ruling on pending motions (Doc. 241) is DISMISSED as premature.
18. Plaintiff's motion to strike Defendants' responsive pleadings and admit Plaintiff's allegations (Doc. 251) is DENIED.
19. Plaintiff's motion to supplement pleadings pursuant to Fed.R.Civ.P. 15(d) (Doc. 265) is DISMISSED as moot in light of Plaintiff being permitted to file a third amended complaint.
20. Plaintiff's motion for sanctions against the Department of Corrections for “intentionally and maliciously interfering with cases 21-1669 and 22-0112” (Doc. 285) is DISMISSED without prejudice to Plaintiff raising these unrelated claims in a new action.
21. Plaintiff's motion for oral argument as to the Defendants' Covid Protocols (Doc. 288) is DENIED.