Free Motion to Take Deposition - District Court of Delaware - Delaware

Case 1:07-cv-00015-JJF

Document 54

Filed 04/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE William Francis, Jr., Plaintiff, v. Correctional Medical Services, Inc., et al, Defendants. ) ) ) ) ) ) ) ) )

C.A. No.07-015-JJF Jury Trial Demanded

DEFENDANTS' MOTION FOR LEAVE TO TAKE DEPOSITION OF PLAINTIFF Defendants, Thomas Carroll, Stan Taylor and Joyce Talley, by undersigned counsel, hereby move for leave of Court pursuant to Federal Rule Civil Procedure 30(a)(2) and Local Rule 30.1 to take the deposition of Plaintiff, William Francis, Jr., by oral examination, who is confined in the Delaware Correctional Center, Smyrna, Delaware in order for Defendants to obtain discovery regarding matters relevant to their defense. Since the Plaintiff in this action is an unrepresented prisoner incarcerated in the Delaware Correctional Center, and is unable to be reached by telephone and other contact is impractical, counsel has spent no time attempting to reach an agreement on the subject of the motion. WHEREFORE, Defendants Carroll, Taylor and Talley respectfully request that the deposition by oral examination of Plaintiff, William Francis, Jr., be taken on Wednesday, June 18, 2008 at 10:00 AM at the Delaware Correctional Center, Smyrna, Delaware and same be taken before a person authorized to administer oaths pursuant to Rule 28 of the Federal Rules of Civil Procedure. The deposition will be recorded by stenographic means.

Case 1:07-cv-00015-JJF

Document 54

Filed 04/29/2008

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STATE OF DELAWARE DEPARTMENT OF JUSTICE ___/s/ Ophelia M. Waters____ Ophelia M. Waters, I.D. #3879 Deputy Attorney General Carvel State Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Dated: April 29, 2008

Case 1:07-cv-00015-JJF

Document 54

Filed 04/29/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE William Francis, Jr., Plaintiff, v. Correctional Medical Services, Inc., et al, Defendants. ) ) ) ) ) ) ) ) )

C.A. No.07-015-JJF Jury Trial Demanded

ORDER Upon State Defendants' Motion For Leave to Take Deposition of Plaintiff (the "Motion"); and it appearing that good and sufficient notice of the Motion has been given; and after due deliberation thereon: IT IS HEREBY ORDERED as follows: The Motion is GRANTED. SO ORDERED this _________ day of ______________, 2008.

__________________________________________ The Honorable Joseph J. Farnan, Jr. United States District Court Judge

Case 1:07-cv-00015-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE William Francis, Jr., Plaintiff, v. Correctional Medical Services, Inc., et al, Defendants. ) ) ) ) ) ) ) ) )

C.A. No.07-015-JJF Jury Trial 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 and it is not

practical for undersigned counsel to communicate with him concerning Defendants' Motion for Leave to Depose Plaintiff. 2. Therefore, undersigned counsel assumes that the Motion is opposed. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. No. 3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendants

Dated: April 29, 2008

Case 1:07-cv-00015-JJF

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CERTIFICATE OF SERVICE I hereby certify that on April 29, 2008, the undersigned caused the attached Defendants' Motion For Leave to Depose Plaintiff to be filed with the Clerk of Court using CM/ECF and delivered to the following person(s) in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): William Francis, Jr. SBI #264560 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient

/s/ Ophelia M. Waters Ophelia M. Waters, I.D.3879 Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]