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Feaster v. Hayman

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


April 1, 2008

CLARENCE FEASTER PLAINTIFF
v.
GEORGE HAYMAN, ET AL. DEFENDANT

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION

This matter having come before the Court by way of letter dated March 28, 2008, regarding defendant Correctional Medical Services' request to extend the fact discovery deadlines pending "the resolution of the issue involving . . . Roe v. Fauver;"

and it appearing that motion practice based upon whether or not the consent decree precludes any or all of plaintiff's claim should proceed as a part of summary judgment motion practice and should take place after fact discovery is completed because facts need to be developed concerning the conditions about which he had complains and whether or not they differ from the matters covered by the consent decree;

and it therefore appearing that the plaintiff's deposition should proceed unless the plaintiff asks the Court to administratively terminate the case to enable him to seek counsel;*fn1

IT IS THEREFORE ON THIS 1st day of April, 2008

ORDERED that the request to extend the fact discovery deadline is denied; and

IT IS FURTHER ORDERED that all terms of the Order dated November 21, 2007 shall remain in full force and effect.


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