Free Reply Brief - District Court of Delaware - Delaware

Case 1 :07-cv-00015-JJF Document 53 Filed O4/28/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE f E , I if
WILLIAM FRANCIS, JR. g APR 2 8 ZODB G
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WARDEN THOMAS CARROLL, )
CORRECTIONAL MEDICAL SERVICES ) TRIAL BY JURY OF
STAN TAYLOR, and JOYCE TALLEY, ) TWELVE DEMANDED
Defendants. )
PLAINTIFF’S SUPPLEMENTAL MOTION TO COMPEL
COMES NOW, the Plaintiff William Francis, Jr., pro se, and hereby moves this
Honorable Court to supplement Plaintiff s Motion to Compel filed with the Court on
4/7/2008 and on the State Defendants on 4/4/2008. In support of this Supplemental
Motion, Plaintiff offers the following:
l. On or about April 4, 2008, counsel for State Defendants received Plaintiffs
Motion to Compel Answers to Interrogatories.
2. On or about April 9, 2008, forty-four (44) days after filing the first set of
interrogatories on State Defendants, Plaintiff received State Defendants answers to
Plaintiffs interrogatories. Counsel for State Defendants is an attorney and, as such, is
well aware that she should have filed the answers to Plaintiff s interrogatories no more
than thirty (30) days after receipt of Plaintiff s interrogatories.
3. Plaintiff believes that Counsel for State Defendants was prompted to answer
only after she received Plaintiff s Motion to Compel, and appears to have sought to delay
Plaintiff s efforts to prepare his case for trial.
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Case 1 :07-cv-00015-JJF Document 53 Filed O4/28/2008 Page 2 of 4
4. The fact that State Defendant Taylor is retired from state employment, and
State Defendant Carroll is no longer the Warden at the Delaware Correctional Center,
does not make them immune from Plaintiff s civil action because the alleged violations
occurred during the course of their employment as DOC Cornrnissioner and Warden of
DCC, respectively.
5. State Defendants, by and through undersigned counsel, have offered
insufficient or inadequate responses to relevant discovery requests, with respect to the
documents requested by Plaintiff in his first set of interrogatories. Such documents are
not equally available to Plaintiff, as he is an inmate in a state prison without the means
and access to obtain the requested documents needed to prosecute his case (i.e., phone
book; direct telephone, internet, e-mail and fax).
6. At trial, the requested documents would inevitably be discovered, produced
and entered into the record when counsel is appointed for the Plaintiff by this Honorable
Court. It appears from opposing counsel’s objections that State Defendants have
evidence to hide or withhold that would strengthen Plaintiffs case.
WHEREFORE, for the hereinabove reasons, Plaintiff William Francis, Jr.
respectfully requests that this Honorable Court enter an ORDER directing opposing
counsel and the Defendants to produce the documents referred to in Plaintiffs First Set of
Interrogatories.
Dated:
April 25, 2008
Byr
William Francis, Jr., g
Delaware Correctional Center
SBI# 264560
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Case 1 :07-cv-00015-JJF Document 53 Filed O4/28/2008 Page 3 of 4
I Certificate of Service
I, M40 [ [QQ] EI*·é_"QQ[Q, , ZE, ,hereby certify thatl have served a true _
And correct cop(ies) ofthe attached: / § Sh/_Q{_Q[€[Z;Q[Zfq"[
ljQf[Qg fg Q [ upon the following
parties/person (s): _ _ A
To: ( )lQ&·@[Z§ M, Mlejfgt QQ T0:
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TO: · TO: ·
BY PLACING SAME IN A SEALED ENVELOPE, and depositing same in the United
States Mail at the Delaware Correctional Center, Smyrna, DE 19977.
On this day of ,2008
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