Free Response to Motion - District Court of Delaware - Delaware

Case 1:05-cv-00102-SLR-LPS

Document 119

Filed 02/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHAMSIDIN ALI, a/k/a Robert Saunders, and MASJID ULLAH, INC., Plaintiffs, v. PAUL HOWARD, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 05-102-***

STATE DEFENDANTS TAYLOR AND KEARNEY'S RESPONSE TO MOTION TO COMPEL

State Defendants Stanley Taylor and Rick Kearney, by the undersigned counsel, hereby respond to Plaintiff's Motion to Compel [D.I. 116] as follows: 1. Plaintiff's Requests for Admissions, directed to Stanley Taylor and Rick Kearney,

were filed on January 4, 2007. [D.I. 102, 103]. 2. State Defendants Stanley Taylor and Rick Kearney's Responses to Plaintiff's

Requests for Admissions were filed on February 2, 2007. [D.I. 112, 113]. 3. Thus, Plaintiff's Motion to Compel is without basis and moot and must be denied.

WHEREFORE, State Defendants Stanley Taylor and Rick Kearney respectfully request that this Honorable Court deny Plaintiff's Motion to Compel and enter an Order in the form attached hereto.

Case 1:05-cv-00102-SLR-LPS

Document 119

Filed 02/09/2007

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STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. No. 2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th fl. Wilmington, DE 19801 [email protected] (302) 577-8400 Attorney for State Defendants Stanley Taylor and Rick Kearney Dated: February 9, 2007

Case 1:05-cv-00102-SLR-LPS

Document 119

Filed 02/09/2007

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHAMSIDIN ALI, a/k/a Robert Saunders, and MASJID ULLAH, INC., Plaintiffs, v. PAUL HOWARD, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 05-102-***

ORDER IT IS SO ORDERED, this ___________day of _____________, 2007, that Plaintiff's Motion to Compel is hereby DENIED.

___________________________________ United States District Judge

Case 1:05-cv-00102-SLR-LPS

Document 119

Filed 02/09/2007

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CERTIFICATE OF SERVICE I hereby certify that on February 9, 2007, I electronically filed State Defendants Taylor and Kearney's Response to Motion to Compel with the Clerk of Court using CM/ECF, which will send notice of such filing to Kevin J. Connors, Esquire and Eric Scott Thompson, Esquire. I hereby certify that on February 9, 2007, I have mailed by United States Postal Service, the document to the following non-registered party: Shamsidin Ali, a/k/a Robert Saunders.

/s/ Eileen Kelly Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]