United States District Court, D. New Jersey
Maryann Cottrell Richard Holland Pro Se Plaintiffs.
LAW GROUP LLP By: Arnold Robert Gerst, Esq. Counsel for
L. HILLMAN, U.S.D.J.
26, 2016, the Court entered summary judgment in favor of
Defendants, and this case was closed. See Opinion
and Order at docket entries 26 and 27. In an 8-sentence
letter dated June 6, 2016, pro se Plaintiff Maryann
Cottrell “request[s] the opportunity to file a
supplemental response to the motion [for summary
judgment].” Docket entry 28. Defendants oppose the
request. For the reasons stated herein, Plaintiff's
request, which the Court construes as a Motion to Reopen the
case, will be denied without
a suit pursuant to the Americans with Disabilities Act, and
New Jersey's Law Against Discrimination. The Court's
prior discussion of the summary judgment record is
incorporated herein by reference.
directly relevant to the instant motion is the following
motion for summary judgment began as a motion to dismiss,
which was originally filed in December, 2015. Plaintiffs
filed opposition to the motion. Because the Motion to Dismiss
relied on materials outside the pleadings, the Court
converted the motion to dismiss to a motion for summary
judgment. See Opinion and Order at docket entries 23
and 24. The Order converting the motion set a supplemental
briefing schedule; Plaintiffs' supplemental response was
due 20 days from the date of the Order, i.e., on May 18,
filed no supplemental response, and on May 26, 2016, the
Court granted summary judgment to Defendants.
Plaintiff Cottrell's letter requesting leave to belatedly
file her response, Plaintiff asserts that “[a]t the
time the Order was signed (Document 24) . . . plaintiff
Cottrell was in the hospital having surgery performed.”
Plaintiff's letter encloses the following undated
To whom it may concern:
This is to verify that: Maryann Cottrell Has been seen in our
office last on 5/18/2016.
This letter is to request that Maryann be excused from jury
duty until 6/22/2016 or after due to her recent knee surgery.
She underwent a total knee replacement on 5/2/2016. She is
currently recovering from surgery and participating in
intense physical therapy which limits her ability to
participate in jury duty at ...