No. 25-5305

Victor Mondelli v. Berkeley Heights Nursing and Rehabilitation Center, et al.

Lower Court: Third Circuit
Docketed: 2025-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-procedure-rule-17 district-court-dismissal guardian-ad-litem improper-discovery mental-health-competency
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Can a District Court dismiss a plaintiff's case by demanding improper discovery from him in connection with a Federal Rule of Civil Procedure 17 inquiry as to his mental health competency, for purpose of the court appointing a guardian ad litem, when the plaintiff objected to the discovery, was unable to provide the discovery, and the District Court failed to appoint a guardian ad litem in connection with the competency inquiry proceedings?

Question Presented (OCR Extract)

Can a District Court dismiss a plaintiffs case by demanding improper discovery from him in connection with a Federal Rule of Civi Procure 17 inquiry as to his mental health competency, for purpose of the court appointing a guardian ad litem, when the plaintiff objected to the discovery, was unable to provide the discovery, and the District Court failed to appoint a guardian ad litem in connection with the competency inquiry proceedings? Can the Court of Appeals Dismiss an Appellant ’s Case without explanation for failure to file a brief on an Appellees ’ motion to dismiss, where the Plaintiff had sought by motion an extension for cause and opposed the Appellee ’s motion to dismiss?

Docket Entries

2025-10-06
Petition DENIED.
2025-09-11
DISTRIBUTED for Conference of 9/29/2025.
2025-09-05
Waiver of Berkeley Heights Nursing and Rehabilitation Center, et al. of right to respond submitted.
2025-09-05
Waiver of right of respondent Berkeley Heights Nursing and Rehabilitation Center, et al. to respond filed.
2025-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2025)

Attorneys

Berkeley Heights Nursing and Rehabilitation Center, et al.
Walter F. Kawalec IIIMarshall, Dennehey, et al., Respondent
Victor Mondelli
Victor Mondelli — Petitioner