Asman
(PS) Schmitz v. Asman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS SCHMITZ, et al., No. 2:20-cv-00195-DJC-CKD (PS) Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 ADAM ASMAN, et al., 15 Defendants. 16 17 Plaintiffs Thomas Schmitz and Dianne Mallia proceed without counsel under 42 U.S.C. § 1983. On February 23, 2024, several of the defendants filed a notice of diminished mental capacity as to plaintiff, Dr. Thomas Schmitz. (ECF No. 348.) On March 22, 2024, the same defendants filed an administrative motion under Local Rule 233 seeking to stay the proceedings in this case pending a determination whether a substantial question exists regarding plaintiff Schmitz’s competency to proceed pro se. (ECF No. 364.) On May 1, 2024, the court extended the fact discovery deadline to three months from the court’s determination of plaintiff Dr. Schmitz’s capacity to proceed pro se, and extended all subsequent deadlines in the scheduling order accordingly. (See ECF Nos. 286, 378.) On May 15, 2024, the undersigned held a…