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, 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. On November 15, 2023, defendant, Stephen DeNigris, M.D., PH.D., filed a motion for summary adjudication of plaintiffs’ negligence claim, the Seventh Cause of Action in the 4AC.1 For the reasons set forth below, the undersigned vacates the hearing set for December 27, 2023, and grants plaintiffs a 60-day extension of time to obtain an expert opinion and to file an amended opposition to the motion for summary judgment filed on November 15,…