Free Request for Admissions - District Court of Delaware - Delaware

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. ALI, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 05-626-JJF

STATE DEFENDANTS' REQUESTS FOR ADMISSION DIRECTED TO PLAINTIFF Pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure (the "Federal Rules"), State Defendants Raphael Williams and Stanley Taylor, hereby propound to Plaintiff, the following requests for admission (the "Admission Requests"), to be answered or responded to in writing and, where required under the applicable rules, under oath, within thirty (30) days of the date of service hereof. DEFINITIONS 1. Stanley Taylor. 2. "Warden Williams" shall mean defendant Raphael Williams, "State Defendants" shall mean defendants Raphael Williams and

Warden of Howard R. Young Correctional Institution. 3. 4. "Plaintiff," "you," or "your" shall mean plaintiff Ricky J. Hamby. "Complaint" shall mean the complaint filed in the above-captioned

action as subsequently amended. 5. "Answer" shall mean the State Defendants' answer to the

Complaint, as may have been subsequently amended.

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6.

"DOC" shall mean the Delaware Department of Correction and

any of its affiliates, subsidiaries, employees, independent contractors, and any other person or entity under the control of DOC. 7. "DCC" shall mean the Delaware Correctional Center and any of its

affiliates, subsidiaries, employees, independent contractors, and any other person or entity under the control of DCC. 8. "Howard Young" shall mean the Howard R. Young Correctional

Institution and any of its affiliates, subsidiaries, employees, independent contractors, and any other person or entity under the control of Howard Young. 9. "Document" or "documents" shall have the meaning set forth in

Rule 34(a) of the Federal Rules of Civil Procedure, and shall include, without limitation, any writing, recording, photograph, computer data base, data bank, report, memoranda, books summarizing, ledgers or other item containing information of any kind or nature, whether in draft or final form, however produced or reproduced, whatever its origin or location, and regardless of the form in which such information exists or is maintained. 10. "Communication" shall mean any transmission of information, the

information transmitted, and any process by which information is transmitted, including both oral and written communications. 11. "Person" refers to any individual, corporation, partnership,

association or other entity. 12. The phrases "refer", "relate to", "referring to", or "relating to"

shall mean directly or indirectly reflecting, referring, relating, containing, pertaining,

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indicating, showing, concerning, constituting, evidencing, describing, discussing or mentioning. 13. The terms "and" or "or" shall mean and include both the

conjunctive and the disjunctive. 14. "Identify" when used with respect to a person means to provide the

following information: (a) person; and (b) the name of the present employer, place of employment, the name, telephone number, and residential address of the

business and job title of the person. 15. "Identify" when used with respect to an entity means to provide

the following information: (a) (b) and/or partners. 16. "Identify" when used with respect to a document means to provide the name, telephone number and address of the entity; and the name of the entity's owners, principals, officers,

the following information: (a) memorandum, etc.); (b) (c) recipients of the document; (d) the substance in detail of the document; and the date of the document; the preparer and/or source of the document and all the nature of the document (e.g., letter, contract,

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(e) of the document. 17.

each person who now has custody, possession or control

"Identify" when used with respect to a communication means to

provide the following information: (a) (b) (c) communication; (d) (e) the substance in detail of the communication; and any document embodying the communication. INSTRUCTIONS 1. Each Admission Request shall be answered fully and in writing the date of the communication; whether the communication was oral or written; any person who sent, received, or had knowledge of the

and, where required by the applicable rules, under oath. 2. If you claim a privilege as to any of the information requested to

be identified and/or produced in the Admission Requests, specify the privilege claimed, the communication or other matter as to which such claim is made, the subject of the communication or other matter and the basis upon which you assert the claim of privilege. 3. For any answer in which you claim the information sought is

unknown or unavailable, please state what efforts were made to obtain the information, who made those efforts, to whom communications were directed, and the results of those efforts.

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4.

Unless otherwise specified, these Admission Requests seek

information and documents prepared on or after May 1, 2004. 5. These Admission Requests shall be deemed to be continuing so as

to require supplemental responses and/or production in accordance with Rule 26(e) of the Federal Rules of Civil Procedure. REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: personally met Warden Raphael Williams. RESPONSE: Admit that you have never

REQUEST FOR ADMISSION NO. 2: personally met Stanley Taylor. RESPONSE:

Admit that you have never

REQUEST FOR ADMISSION NO. 3:

Admit that you did not tell

Warden Williams about the above-captioned lawsuit prior to March 2006. RESPONSE:

REQUEST FOR ADMISSION NO. 4:

Admit that you did not tell

Stanley Taylor about the above-captioned lawsuit prior to March 2006. RESPONSE:

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REQUEST FOR ADMISSION NO. 5: Timothy Buff about the above-captioned lawsuit. RESPONSE:

Admit that you did not tell

REQUEST FOR ADMISSION NO. 6: Kevin Senato about the above-captioned lawsuit. RESPONSE:

Admit that you did not tell

REQUEST FOR ADMISSION NO. 7: George Wright about the above-captioned lawsuit. RESPONSE:

Admit that you did not tell

REQUEST FOR ADMISSION NO. 8:

Admit that you did not tell

any employee of Howard Young about the above-captioned lawsuit prior to March 2006. RESPONSE:

REQUEST FOR ADMISSION NO. 9: grievance against Timothy Buff. RESPONSE:

Admit that you never filed a

REQUEST FOR ADMISSION NO. 10: grievance against Kevin Senato. RESPONSE:

Admit that you never filed a

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REQUEST FOR ADMISSION NO. 11: grievance against George Wright. RESPONSE:

Admit that you never filed a

REQUEST FOR ADMISSION NO. 12:

Admit that you never filed a

grievance at Howard Young alleging that an officer had threatened you since the filing of your lawsuit. RESPONSE:

REQUEST FOR ADMISSION NO. 13:

Admit that Warden Williams

did not retaliate against you for filing the above-captioned lawsuit. RESPONSE:

REQUEST FOR ADMISSION NO. 14:

Admit that Stanley Taylor did

not retaliate against you for filing the above-captioned lawsuit. RESPONSE:

REQUEST FOR ADMISSION NO. 15:

Admit

that

you

were

examined by the medical staff at Howard Young while you were incarcerated at Howard Young. RESPONSE:

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REQUEST FOR ADMISSION NO. 16:

Admit

that

you

were

receiving care from the medical staff at Howard Young while you were incarcerated at Howard Young. RESPONSE:

REQUEST FOR ADMISSION NO. 17:

Admit

that

you

were

receiving treatment from the medical staff at Howard Young while you were incarcerated at Howard Young. RESPONSE:

REQUEST FOR ADMISSION NO. 18:

Admit

that

you

were

receiving medication from the medical staff at Howard Young while you were incarcerated at Howard Young. RESPONSE:

REQUEST FOR ADMISSION NO. 19: has never performed a medical examination on you. RESPONSE:

Admit that Warden Williams

REQUEST FOR ADMISSION NO. 20: has never performed a medical examination on you. RESPONSE:

Admit that Stanley Taylor

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REQUEST FOR ADMISSION NO. 21:

Admit that Warden Williams

never made any promises to you regarding your medical care. RESPONSE:

REQUEST FOR ADMISSION NO. 22:

Admit that Stanley Taylor

never made any promises to you regarding your medical care. RESPONSE:

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 4, 2006

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on October 4, 2006, I caused a true and correct copy of the attached State Defendants' Requests For Admission Directed To 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