Free Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00517-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DARYL J. CARTER, Plaintiff, v. STANLEY W. TAYLOR, individually; RAPHAEL WILLIAMS, individually; SITTA B. GOMBEH-ALIE, M.D., individually; MUHAMMAD ARIF NIAZ, M.D., individually; CORRECTIONAL MEDICAL SERVICES, INC., a Missouri corporation; CORRECTIONAL MEDICAL SERVICES OF DELAWARE, INC., a Delaware corporation; JOHN DOE MEDICAL PERSONNEL; and JOHN DOE CORRECTIONAL PERSONNEL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-517 *** JURY TRIAL DEMANDED

MOTION FOR DEFAULT JUDGMENT PURSUANT TO FED. R. CIV. P. 55(b)(2) NOW COMES plaintiff, by and through his attorney, Michael L. Sensor, Esquire, and moves this Honorable Court for an order entering judgment by default against defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. pursuant to Fed. R. Civ. P. 55(b)(2). In support of this Motion, the following is a statement: 1. On or about August 24, 2007, plaintiff filed this action in this Court alleging

injuries arising out of medical treatment (and the lack thereof) rendered to him at the Howard R. Young Correctional Medical Institution in Wilmington, Delaware. 2. On August 29, 2007, defendant Correctional Medical Services, Inc. was served

with the Summons issued by the Clerk by serving its registered agent, National Registered Agents, Inc. [D.I. 7]

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3.

On the same date, August 29, 2007, defendant Correctional Medical Services, Inc.

was served with the Summons issued by the Clerk by serving its registered agent, National Registered Agents, Inc. [D.I. 6] 4. In addition, by letter dated August 24, 2007, a copy of the Complaint was

forwarded directly to Scott Altman, the Ombudsman for defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc., by means of certified mail, return receipt requested. The receipt for said letter was signed for by a L. Price on August 27, 2007. See Exhibit A (8/24/07 letter to Mr. Altman and signed return receipt) 5. Pursuant to Fed. R. Civ. P. 12(a)(1)(A), defendants Correctional Medical

Services, Inc. and Correctional Medical Services of Delaware, Inc. were required to answer, plead, or otherwise respond to the Complaint within twenty days of the date of service ­ that is, by September 18, 2007. 6. More than twenty days have elapsed since the date defendants Correctional

Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. were served, yet they have failed to answer, plead, or otherwise respond to the Complaint, nor have said defendants requested an extension of time in which to do so. See Exhibit B (Affidavit of Michael L. Sensor, Esquire). WHEREFORE, plaintiff prays that this Honorable Court enter judgment by default against defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. pursuant to Fed. R. Civ. P. 55(b)(2). D. DEL. LR 7.1.1 STATEMENT Pursuant to D. Del. LR 7.1.1, the undersigned, attorney for plaintiff, certifies that it was impossible to make a reasonable agreement with the opposing parties on the matters set forth in

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this Motion, inasmuch as the opposing parties are presently unrepresented and have failed to answer, plead, or otherwise respond to plaintiff's Complaint, as averred in this Motion. PERRY & SENSOR By: /s/ Michael L. Sensor Michael L. Sensor, Esquire Delaware Bar ID No. 3541 One Customs House, Suite 560 P.O. Box 1568 Wilmington, DE 19899-1568 Telephone: (302) 655-4482 Attorney for Plaintiff Dated: October 25, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DARYL J. CARTER, Plaintiff, v. STANLEY W. TAYLOR, individually; RAPHAEL WILLIAMS, individually; SITTA B. GOMBEH-ALIE, M.D., individually; MUHAMMAD ARIF NIAZ, M.D., individually; CORRECTIONAL MEDICAL SERVICES, INC., a Missouri corporation; CORRECTIONAL MEDICAL SERVICES OF DELAWARE, INC., a Delaware corporation; JOHN DOE MEDICAL PERSONNEL; and JOHN DOE CORRECTIONAL PERSONNEL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-517 *** JURY TRIAL DEMANDED

ORDER AND NOW, to-wit, this _______ day of ______________, 200___, upon consideration of plaintiff's Motion for Default Judgment Pursuant to Fed. R. Civ. P. 55(b)(2); AND IT APPEARING to the Court that defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. were each duly served with process on August 29, 2007 and have each failed to answer, plead or otherwise respond to plaintiff's Complaint within the time required by the rules of this Court, and have otherwise failed to request an extension of time from which to do so; AND IT FURTHER APPEARING to the Court that defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. are neither minors, nor incompetent, nor members of the military service of the United States;

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NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that judgment by default pursuant to Fed. R. Civ. P. 55(b)(2) be, and hereby is, ENTERED in favor of plaintiff Daryl J. Carter and against defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc., and that the Clerk shall record the same; and IT IS FURTHER ORDERED that the amount of damages to be awarded by default against defendants Correctional Medical Services, Inc. and Correctional Medical Services of Delaware, Inc. for plaintiff's damages shall be determined by inquisition at a hearing to be scheduled by the Court.

___________________________________ United States Magistrate Judge

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on October 25, 2007, he electronically filed the following document with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following person(s), counsel of record for defendants Williams and Taylor: DOCUMENT: Plaintiff's Motion for Default Judgment Pursuant to Fed. R. Civ. P. 55(b)(2) RECIPIENT: Marc Niedzielski, Esquire Department of Justice Carvel State Office Building 820 North French Street Wilmington, DE 19801 The undersigned hereby certifies that true and correct copies of the aforementioned document were also sent by means of first class U.S. Mail, postage prepaid, and certified mail, return receipt requested, to the following: Mr. Scott S. Altman Correctional Medical Services, Inc. 1201 College Park Drive, Suite 101 Dover, DE 19904 Correctional Medical Services, Inc. c/o National Registered Agents, Inc. 160 Greentree Drive Dover, DE 19904 Correctional Medical Services of Delaware, Inc. c/o National Registered Agents, Inc. 160 Greentree Drive Dover, DE 19904

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PERRY & SENSOR By: /s/ Michael L. Sensor Michael L. Sensor, Esquire Delaware Bar ID No. 3541 One Customs House, Suite 560 P.O. Box 1568 Wilmington, DE 19899-1568 Telephone: (302) 655-4482 Attorney for Plaintiff Dated: October 25, 2007

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EXHIBIT A

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EXHIBIT B

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