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

Case 1:05-cv-00626-JJF

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Filed 10/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICKY J. HAMBY, Plaintiff, v. DR. KASTRE, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 05-626-JJF

STATE DEFENDANTS RAPHAEL WILLIAMS AND STANLEY TAYLOR'S MOTION FOR LEAVE TO DEPOSE PLAINTIFF COMES NOW, the State Defendants Raphael Williams and Stanley Taylor (the "State Defendants") 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 leave to depose Plaintiff Ricky J. Hamby ("Hamby"). In support of the Motion, the State Defendants state as follows: 1. Plaintiff, Hamby is an inmate presently incarcerated at the

Delaware Correctional Center in Smyrna, Delaware. 2. Counsel for the State Defendants wishes to depose Hamby as part

of discovery in this case. 3. The scheduling order entered in this matter set the discovery

deadline for November 8, 2006 (D.I. 49). 4. Rule 30(a) of the Federal Rules of Civil Procedure 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 the right to depose Hamby.

Case 1:05-cv-00626-JJF

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WHEREFORE, the State Defendants respectfully request that this Honorable Court enter an order, substantially in the form attached hereto, granting their Motion for Leave to Depose Plaintiff Ricky J. Hamby.

DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants Raphael Williams and Stanley Taylor

Dated: October 6, 2006

-2-

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICKY J. HAMBY, Plaintiff, v. DR. KASTRE, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER Upon State Defendants Raphael Williams and Stanley Taylor's Motion For Leave To Depose Plaintiff (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. The State Defendants are granted leave to depose the Plaintiff in this matter. SO ORDERED this _________ day of ______________, 2006.

C.A. No. 05-626-JJF

__________________________________________ The Honorable Joseph J. Farnan, Jr. United States District Court Judge

Case 1:05-cv-00626-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICKY J. HAMBY, Plaintiff, v. DR. KASTRE, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 05-626-JJF

7.1.1 CERTIFICATE OF COUNSEL The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that she is, as a practical matter, unable to discuss the subject of this Motion with the Plaintiff because the Plaintiff is an incarcerated inmate in a prison. Defense counsel assumes that the Plaintiff opposes this Motion. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants Raphael Williams and Stanley Taylor

Dated: October 6, 2006

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on October 6, 2006, I caused a true and correct copy of the attached State Defendants Raphael Williams And Stanley Taylor's Motion For Leave To Depose Plaintiff to be served on the following individual in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): Inmate Ricky J. Hamby SBI #191377 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Department of Justice State of Delaware Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants Raphael Williams and Stanley Taylor