Free Motion to Compel - District Court of Delaware - Delaware

Case 1:05-cv—00823-SLR-LPS Document 262 Filed 05/29/2008 Page1 of 4
IN THE UNITED STATES DISTRICT COU' . V _ _ _
FOR THE DISTRICT OF DELAWARE R - A . 5 f
GEORGE A. JACKSON, Get Gl-, g
Plaintiffs, g {
v. ) C.A. No. 05-823-SLR
STANLEY TAYLOR, et al., g JURY TRIAL REQUESTED
Defendants. g
MOTION TO COMPEL DISCOVERY
Plaintiff George A. Jackson, pursuant to Rules 3A(b) and 37(a), Fed.R.Civ.P.,·
for an order compelling the defendant's counsel to forward the oral deposition
of plaintiffs George A. Jackson, Carl Walker and Vernon Truitt to the said
plaintiffs as part of discovery in this case. Plaintiff state as follow:
l. Counsel for Defendants wished to depose Plaintiff Jackson as part of
discovery in this case. [D.I. 257]
2. Counsel for Defendants depose Plaintiff Jackson on March 20, 2008 at
the Sussex Correctional Institution. "See Attached Affidavit"
3. Counsel for Defendants forward Plaintiff Jackson within a week a copy
of his deposition to make any correction or changes. Plaintiff made necessary
changes or corrections and return immediately back to Counsel for the Defendants.
4. The discovery deadline in this matter was April l, 2008.
5. Plaintiff Jackson received Defendants' Motion for Summary Judgment
dated May l9, 2008. In that their motion, their counsel makes an independent
argument in reference to plaintiffs Jackson, Walker and Truitt depositions on
page 5 of the Memorandum of Points and Authorities in Support of Their Motion
for Summary Judgment. But Plaintiff Jackson (and presumely other plaintiffs)
was not provided with the relevant depositions after made corrections. *I have
since learned Plaintiff Truitt has his deposition.*

Case 1:05-ov—00823-SLR-LPS Document 262 Filed 05/29/2008 Page 2 of 4
6. Under this Court's standards for reviewing a motion for summary
judgment, plaintiff must establish that "the pleadings, depositions, answers
to interrogatories, and admissions on file, together with the affidavits, if
any, show that there is no genuine issue as to any material fact and that the
moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c);
Hersh v. Allen Products Co., Inc., 789 F.2d 230, 232 (3d Cir. 1986). The
discovery sought is not only proper but is highly appropriate and relevant
7. Counsel for the Defendants clearly stated in her Motion For Leave To
Depose Plaintiffs (Jackson, Walker and Truitt), that she wishes to depose ...
"as part of discovery in this case." Plaintiff Jackson complied with all the
requirements at the oral deposition. In the discovery stage, relevance is
construed "broadly to encompass any matter that bears on, or that reasonably
could lead to other matter that bears on, any issue that is or may be in the
case." Oppenheimier Fund, Inc. v. Sanders, 437 U.S. 340, 351, 98 S.Ct. 2380
(1978)(footnote omitted); accord, Weiss v. Amoco Oil Cp;} 142 F.R.D. 311, 315
(S.D.Iowa 1992). Discovery request should be allowed "unless it is clear that
the infomation sought can have no possible bearing upon the subject matter of
the action." La Chemise Lacoste v. Alligator Co., Inc., 60 F.R.D. 164, 171
(D.Del. E973). The depositions of the plaintiffs is relevant to the claims
and defenses in the case. Counsel for Defendants was under a legal duty to
forward the deposition to the plaintiffs once the corrections or changes was
made by plaintiffs.
For these reasons the material sought is relevant and should be produced.
CONCLUSION
For the foregoing reasons, that Counsel for the Defendants did not produce
the deposition of the plaintiffs through the require discovery prior to filing
Defendants' Motion for Summary Judgment, the Court should "STRICKEN" their
Motion and grant Plaintiff Jackson's motion to compel discovery, or alternatively

Case 1:05-ov—00823-SLR-LPS Document 262 Filed 05/29/2008 Page 3 of 4
issued an delay in Plaintiffs' Opposition to Defendants' Motion For Summary
Judgment until discovery of depositions are completed by Counsel for
Defendants.
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_ Case1:05-cv—00823-SLR-LPS Document 262 Filed 05/29/2008 Page4of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GEORGE A. JACKSON, m;al., )
)
Plaintiffs, )
)
v. ) C.A. No. 05-823-SLR
)
STANLEY TAYLOR, et aln ) JURY TRIAL REQUESTED
)
Defendants. )
CERTIFICATE OF SERVICE
0
I hereby certify that on May 2 2 , 2008, I filed Motion to Compel Discovery
and Affidavit in Support of Motion to Compel with the Clerk of Court. I hereby
it
certify that on Mayfgé 2 , 2008, I have mailed by United States Postal Service
at the Sussex Correctional Institution, the said document to:
Catherine Damavandi
Deputy Attorney General
State of Delaware
Department of Justice
820 N. French Street, 6th F1.
Wilmington, DE 19801
Attorney for State Defendants
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