Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00517-LPS

Document 21

Filed 10/18/2007

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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

PLAINTIFF'S RESPONSE TO DEFENDANT WILLIAMS' MOTION TO WITHDRAW APPEARANCE AND ANSWER TO COMPLAINT (D.I. 15, 16) NOW COMES plaintiff, by and through counsel, and responds to defendant Williams' Motion to Withdraw Appearance and Answer to Complaint as follows: 1. 2. Plaintiff does not object to the substitution of counsel for defendant Williams. Concerning defendant Williams' request to withdraw his Answer, plaintiff notes

that the appropriate vehicle to modify Williams' his Answer would normally be the filing of an amended Answer rather than the outright withdrawal of his Answer. See Fed. R. Civ. P. 15(a). However, given that defendant Taylor, the other State defendant in this case, has not yet been served, and the filing of a single Answer on behalf of both State defendants would serve to promote judicial efficiency, plaintiff does not oppose the withdrawal of defendant Williams' Answer.

Case 1:07-cv-00517-LPS

Document 21

Filed 10/18/2007

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WHEREFORE, plaintiff does not oppose defendant Williams' Motion to Withdraw Appearance and Answer to Complaint. 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 18, 2007

Case 1:07-cv-00517-LPS

Document 21

Filed 10/18/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on October 18, 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 defendant Williams: DOCUMENT: Plaintiff's Response to Defendant Williams' Motion to Withdraw Appearance and Answer to Complaint RECIPIENT: Ophelia M. Waters, Esquire Department of Justice Carvel State Office Building 820 North French Street Wilmington, DE 19801 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 18, 2007