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

IFP petition · United States Court of Appeals for the Third Circuit, No. 24-1460 · judgment March 26, 2025


Certiorari denied · October 6, 2025

Question presented

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?

Counsel of record

For petitioner
Victor Mondelli

For respondent
Walter F. Kawalec III
Marshall, Dennehey, et al.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Sep 11 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Sep 05 2025
    Waiver of right of respondent Berkeley Heights Nursing and Rehabilitation Center, et al. to respond filed.
  4. Jul 30 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2025)