Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1:07-cv-00015-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : WARDEN THOMAS CARROLL, : CORRECTIONAL MEDICAL SERVICES : STAN TAYLOR, and JOYCE TALLEY, : : Defendants. : WILLIAM FRANCIS, JR.

C.A. No.: 07-015-JJF

TRIAL BY JURY OF TWELVE DEMANDED

DEFENDANT CORRECTIONAL MEDICAL SERVICES, INC.'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S FIRST SET OF INTERROGATORIES COMES NOW, Defendant, Correctional Medical Services (hereinafter CMS), by and through its' undersigned attorney to hereby move pursuant to Fed. R. Civ. P. 16 and D. Del. L.R. 16.4 for an extension of time within which to respond to Plaintiff's First Set of Interrogatories and in support thereof states as follows: 1. Plaintiff filed the First Set of Interrogatories on April 29, 2008 (DI 53). The DI number

was later changed to DI 61 after notification to the Clerk's office from the undersigned that the Interrogatories appear to have been mistakenly docketed as an attachment to another pleading. 2. 3. Responses to said Interrogatories are due on or about May 29, 2008. The undersigned recently learned that the contact person at CMS who will be assisting

with the responses was out of town and has not had sufficient time to review the Interrogatories. 4. On May 22, 2008, the undersigned sent a letter to Plaintiff requesting a 30 day extension

to respond to the interrogatories (See Exhibit "A" attached hereto). However, due to the intervening holiday, it is possible that Plaintiff has not had sufficient time to consider CMS's

{DE109645.1}

Case 1:07-cv-00015-JJF

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request. Consequently, this motion is being filed to request a 30 day extension to file the responses to said interrogatories. 5. No prejudice will result to Plaintiff as there is no scheduling order in place and the matter

is not set for trial. WHEREFORE, Correctional Medical Services respectfully requests that a 30 day extension be granted to respond to Plaintiff's First Set of Interrogatories by June 28, 2008.

Date: May 28, 2008

/s/ Eileen M. Ford_______________ Eileen M. Ford, Esquire (ID # 2870) Marks, O'Neill, O'Brien & Courtney, P.C. 913 Market Street, Suite 800 Wilmington, DE 19801 (302) 658-6538 Attorney for Defendant Correctional Medical Services

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : WARDEN THOMAS CARROLL, : CORRECTIONAL MEDICAL SERVICES : STAN TAYLOR, and JOYCE TALLEY, : : Defendants. : WILLIAM FRANCIS, JR.

C.A. No.: 07-015-JJF

TRIAL BY JURY OF TWELVE DEMANDED

NOTICE OF MOTION PLEASE TAKE NOTICE that the attached motion for extension of time to respond to Plaintiff's first set of interrogatories has been presented by Defendant, Correctional Medical Services, Inc., and will be heard at the convenience of the Court. /s/ Eileen M. Ford_______________ Eileen M. Ford, Esquire (ID # 2870) Marks, O'Neill, O'Brien & Courtney, P.C. 913 Market Street, Suite 800 Wilmington, DE 19801 (302) 658-6538 Attorney for Defendant Correctional Medical Services

Date: May 28, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM FRANCIS, JR. : : Plaintiff, : : v. : : WARDEN THOMAS CARROLL, : CORRECTIONAL MEDICAL SERVICES : STAN TAYLOR, and JOYCE TALLEY, : : Defendants. :

C.A. No.: 07-015-JJF

TRIAL BY JURY OF TWELVE DEMANDED

7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1 that: 1. Plaintiff, William Francis, Jr., is currently incarcerated at the Delaware Correctional Center. 2. On May 22, 2008 the undersigned mailed Exhibit "A" to Plaintiff asking if he would agree to a 30 day extension of time within which to answer the interrogatories. It is possible that ude to the holiday mail delivery to the Plaintiff was delayed and he has not had sufficient time within which to contact the undersigned about said request. 3.. This motion is being filed as a matter of precaution and the undersigned counsel assumes that the Motion is opposed. /s/ Eileen M. Ford_______________ Eileen M. Ford, Esquire (2870) Marks, O'Neill, O'Brien & Courtney, P.C. 913 Market Street, Suite 800 Wilmington, DE 19801 (302) 658-6538 Attorney for Defendant Correctional Medical Services

Date: May 28, 2008

{DE109647.1}

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : WARDEN THOMAS CARROLL, : CORRECTIONAL MEDICAL SERVICES : STAN TAYLOR, and JOYCE TALLEY, : : Defendants. : WILLIAM FRANCIS, JR.

C.A. No.: 07-015-JJF

TRIAL BY JURY OF TWELVE DEMANDED

ORDER Upon consideration of Defendant, Correctional Medical Services, Inc.'s, Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories, and any response thereto, IT IS HEREBY ORDERED this _____ day of _______________, 2008 that said motion is GRANTED. Defendant, Correctional Medical Services, Inc., shall have until June 28, 2008 within which to file responds and/or otherwise object to said interrogatories.

Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : C. A. No. 07-015-JJF : WARDEN THOMAS CARROLL, : CORRECTIONAL MEDICAL SERVICES, : STAN TAYLOR, and JOYCE TALLEY, : : Defendants. : ___________________________________________________________________ CERTIFICATE OF SERVICE ____________________________________________________________________ I, Eileen M. Ford, Esquire, hereby certify that on May 28, 2008, I electronically filed the Motion for Extension of Time To Respond To Plaintiff's First Set of Interrogatories with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: Ophelia M. Waters. I have served via first class mail two copies of foregoing to the Pro Se Plaintiff: William Francis, Jr., Pro Se Inmate SBI# 264560 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Via First Class US Mail /s/ Eileen M.Ford Eileen M. Ford, Esquire (ID No. 2870) Marks, O'Neill, O'Brien & Courtney, P.C. 913 North Market Street, #800 Wilmington, DE 19801 (302) 658-6538 Attorney for Defendant WILLIAM FRANCIS, JR.,

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