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

Case 1:06-cv-00694-GMS

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Filed 08/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD BOYER, AMIR FATIR, and WARREN WYANT, Plaintiffs, v. COMMISSIONER STANELY TAYLOR, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-694-GMS Jury Trial Requested

STATE DEFENDANTS' AND CORRECTIONAL MEDICAL SERVICES, INC.'S JOINT MOTION FOR LEAVE TO DEPOSE PLAINTIFFS DONALD BOYER AND WARREN WYANT COMES NOW, State Defendants Thomas Carroll, Ronald Hosterman, David Pierce, Jeanette Havel, Janice Henry, Michael Little, Floyd Dixon, Marvin Creasy, James Satterfield, Maureen Whelan, Ralph Bailey, and David Hall (the "State Defendants") and Defendant Correctional Medical Services, Inc. ("CMS"), by and through their undersigned counsel, and hereby move this Honorable Court (the "Motion") to enter an order, substantially in the form attached hereto, granting the State Defendants and CMS leave to depose Plaintiffs Donald Boyer ("Boyer") and Warren Wyant ("Wyant"). In support of the Motion, State Defendants and CMS state as follows: 1. Plaintiffs Boyer and Wyant are inmates presently incarcerated at the James

T. Vaughn Correctional Center in Smyrna, Delaware. 2. Counsel for the State Defendants and counsel for CMS wish to depose

Boyer and Wyant as part of discovery in this case. 3. No scheduling order has been entered in this matter, however, the Court

has given the State Defendants until November 7, 2008 to respond to Plaintiffs' Partial

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Motion for Summary Judgment. 4. Federal Rule of Civil Procedure 30(a) requires leave of the Court to

depose an incarcerated individual. 5. A form of order is attached to this Motion that grants the State

Defendants' counsel and CMS's counsel the right to depose Boyer and Wyant. WHEREFORE, State Defendants and CMS respectfully request that this Honorable Court enter an order, substantially in the form attached hereto, granting the Joint Motion for Leave to Depose Plaintiffs Donald Boyer and Warren Wyant.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants BALICK & BALICK /s/ James E. Drnec James E. Drnec (#3789) 711 King St. Wilmington, DE 19801 (302) 658-4265 Attorney for Defendant CMS

Dated: August 14, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD BOYER, AMIR FATIR, and WARREN WYANT, Plaintiffs, v. COMMISSIONER STANELY TAYLOR, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-694-GMS Jury Trial Requested

7.1.1 CERTIFICATE OF COUNSEL The undersigned counsel hereby certify, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that they are, as a practical matter, unable to discuss the subject of this Motion with the Plaintiffs because the Plaintiffs are incarcerated individuals in a prison. Defense counsel assume that the Plaintiffs oppose the Motion. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants BALICK & BALICK /s/ James E. Drnec James E. Drnec (#3789) 711 King St. Wilmington, DE 19801 (302) 658-4265 Attorney for Defendant CMS

Dated: August 14, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD BOYER, AMIR FATIR, and WARREN WYANT, Plaintiffs, v. COMMISSIONER STANELY TAYLOR, et al., Defendants. ORDER Upon State Defendants' and Correctional Medical Services, Inc.'s Joint Motion for Leave to Depose Plaintiffs Donald Boyer and Warren Wyant (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: 1. 2. The Motion is GRANTED. State Defendants and CMS are granted leave to depose Plaintiffs Donald Boyer and Warren Wyant in this matter. ) ) ) ) ) ) ) ) ) )

C.A. No. 06-694-GMS Jury Trial Requested

SO ORDERED this _________ day of ______________, 2008. __________________________________________ The Honorable Gregory M. Sleet United States District Court Chief Judge

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CERTIFICATE OF MAILING AND/OR DELIVERY I, Erika Y. Tross, Esq., hereby certify that on August 14, 2008, I caused a true and correct copy of the attached State Defendants' and Correctional Medical Services, Inc.'s Joint Motion for Leave to Depose Plaintiffs Donald Boyer and Warren Wyant to be served on the following individuals in the form and manner indicated: Via First Class Mail Donald Boyer SBI # 082420 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Amir Fatir SBI # 137010 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Via Electronic Delivery James E. Drnec, Esq. Balick & Balick, LLC 711 King Street Wilmington, DE 19801 /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 Warren Wyant SBI # 00176129 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977