Asman

(PS) Schmitz v. Asman

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20232:20-cv-00195California745 words

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, v. ORDER ADAM ASMAN, et al., Defendants. 16 Plaintiffs Dianne Mallia and Thomas Schmitz, individually and as successors of interest, proceed without counsel under 42 U.S.C. § 1983. In the operative fourth amended complaint (“4AC”), plaintiffs allege constitutionally inadequate medical and mental health treatment and/or negligence by various defendants caused their son, William, to suffer harm and injuries including his death. In the motion presently before the court, defendants Dr. K. Kuich and Warden J. Lizarraga move under Federal Rule of Civil Procedure 36(b) to withdraw plaintiffs’ Request for Admissions, Set One, as deemed admitted against them. (ECF No. 317.) Plaintiffs filed an opposition. (ECF No. 320.) The relevant parties are familiar with the facts underlying this dispute and the court need not repeat them. The motion is granted. A written…

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