Free Motion to Withdraw - District Court of Delaware - Delaware

Case 1:07-cv-00517-LPS

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Filed 10/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) 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; ) CORRECTIONAL MEDICAL SERVICES OF DE, ) INC., JOHN DOE MEDICAL PERSONNEL; and ) JOHN DOE CORRECTIONAL PERSONNEL, ) ) Defendants. ) DARYL J. CARTER,

C. A. No. 07-00517*** JURY TRIAL DEMANDED

MOTION TO WITHDRAW ENTRY OF APPEARANCE AND ANSWER TO COMPLAINT (D.I. 15, 16)

COMES NOW, Ophelia M. Waters, undersigned counsel, and moves this Honorable Court for leave to withdraw as counsel of record and withdraw the answer inadvertently filed on behalf of Defendant Williams. In support of this motion, counsel states the following: 1. Due to an internal office miscommunication, the undersigned attorney entered her

appearance on a case for which another attorney had been assigned in the above captioned matter; 2. 3. The undersigned attorney has received consent to withdraw as counsel, and Deputy Attorney General Niedzielski from the Delaware Department of Justice

has at all relevant times been conferring with plaintiff's counsel in this matter, and will enter an

Case 1:07-cv-00517-LPS

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Filed 10/18/2007

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appearance and file a responsive pleading on behalf of State Defendants. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court grant her leave to withdraw the answer (D.I.16) filed and as counsel of record (D.I.15) in this matter.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, Bar. I.D. 3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400

Dated: October 18, 2007

Case 1:07-cv-00517-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) 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; ) CORRECTIONAL MEDICAL SERVICES OF DE, ) INC., JOHN DOE MEDICAL PERSONNEL; and ) JOHN DOE CORRECTIONAL PERSONNEL, ) ) Defendants. ) ORDER AND NOW TO WIT, this ________ day of ___________, 2007, the foregoing Motion to Withdraw as Counsel of Record and Withdraw the Answer to Complaint (D.I. 15, 16) having been considered, it is hereby ORDERED that the motion is GRANTED. DARYL J. CARTER,

C. A. No. 07-00517*** JURY TRIAL DEMANDED

_______________________ Judge

Case 1:07-cv-00517-LPS

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CERTIFICATE OF SERVICE I hereby certify that on October 18, 2007, I electronically filed Withdrawal of an Entry of Appearance and Withdrawal of Answer to Complaint with the Clerk of Court using CM/ECF which will send notification of such filing to the following: Michael Sensor, Esquire Perry & Sensor, Suite 560 First Federal Plaza Wilmington, DE 19899-1568 STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, Bar. I.D. 3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400