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Mondelli v. Berkeley Nursing and Rehab. Ctr.

3rd Circuit

June 15, 2021

Mondelli sued Berkeley Heights Nursing and Rehabilitation Center and several of its employees for violating the Americans with Disabilities Act and intentionally inflicting emotional distress. But Mondelli failed to cooperate with his counsel to provide discovery, so the District Court dismissed his complaint for failure to prosecute. The Third Circuit vacated the dismissal order because there was verifiable evidence that placed Mondelli’s competency at issue, requiring a Rule 17 inquiry.

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