Zietek v. Pinnacle Nursing & Rehab Center

Background

The court had referred the action to Judge James L. Cott to determine Genevieve Zietek’s competency. On October 7, 2022, Judge Cott scheduled a competency hearing for October 27. On October 26, Pinnacle Nursing & Rehab Center filed a letter from Zietek stating that she did not intend to attend. Judge Cott then ordered Zietek to attend and warned that failing to do so could result in dismissal for failure to prosecute.

Zietek did not attend the October 27 hearing. Judge Cott rescheduled the hearing for November 16 and again warned that failure to attend could lead to dismissal. Zietek appealed Judge Cott’s order. On November 16, Pinnacle filed another letter from Zietek stating that she did not intend to attend the rescheduled hearing.

Court’s Analysis

The court treated the scheduling order as a non-dispositive order, meaning an order that does not resolve the parties’ claims. Under the clearly erroneous standard, the order could be overturned only if the court reviewing it was left with a definite and firm conviction that Judge Cott had made a mistake. The court held that Judge Cott did not err by scheduling a competency hearing because the action had been referred to him for a competency determination.

Disposition

The court denied Zietek’s appeal and affirmed Judge Cott’s order. The clerk was directed to terminate the appeal at ECF No. 75 and mail a copy of the order to Zietek, who was proceeding without a lawyer.