Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

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

Document 115

Filed 02/06/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHAMSIDIN ALI, A/K/A ROBERT SAUNDERS, AND MASJID ULLAH, INC., PLAINTIFFS, V. DELAWARE DEPARTMENT OF CORRECTIONS, COMM. STANLEY TAYLOR, WARDEN RICK KEARNEY, WARDEN THOMAS CARROLL, DEPUTY WARDEN MIKE DELOY, S/LT. EARL MESSICK, S/LT. JOSEPH JOHNSON, CAPTAIN C. SEGARS, ANTHONY RENDINA, PAUL HOWARD, CPL FISHER, CPL. JANE MORGAN AND CORRECTIONAL MEDICAL SYSTEMS, DEFENDANTS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 05-102-KAJ TRIAL BY JURY DEMANDED

MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S REQUESTS FOR PRODUCTION (D.I. 96) Defendant, Correctional Medical Services, Inc. ("CMS"), improperly named Correctional Medical Systems, through its undersigned counsel, hereby moves this Honorable Court to enter the attached Order, granting it an extension of time until February 28, 2007 in which to respond to plaintiff's Requests for Production (D.I. 96) and, in support thereof, avers as follows: 1. On June 14, 2006, the Motion of Defendant, Correctional Medical Services, Inc.,

to Dismiss Plaintiff's Complaint was filed. (D.I. 60) 2. On September 21, 2006, the Motion of Defendant, Correctional Medical Services,

Inc., to Dismiss Plaintiff's 3rd Amended Complaint was filed. (D.I. 76). Defendant, CMS,

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

Document 115

Filed 02/06/2007

Page 2 of 3

received a Third-Amended Complaint from plaintiff via regular mail; however, it does not appear the Third Amended Complaint was ever filed with the Court. 3. 4. On December 7, 2006, plaintiff filed Requests for Production to CMS. (D.I. 96). On January 5, 2007, defendant, CMS, filed a Motion for a Protective Order from

plaintiff's Requests for Production. (D.I. 104). 5. On January 8, 2007, the Court instructed CMS to Answer plaintiff's outstanding

discovery. However, additional time is required to compile the information required to fully and completely respond to plaintiff's Requests for Production. WHEREFORE, defendant, Correctional Medical Service, respectfully moves this Honorable Court to enter the attached Order, granting it an extension of time until February 28, 2007 in which to respond to Plaintiff's Requests for Production (D.I. 96).

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

BY:

/s/ Eric Scott Thompson ERIC SCOTT THOMPSON DE BAR ID: 4633 KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorneys for Defendant, Correctional Medical Services, Inc.

DATED: February 6, 2007
\15_A\LIAB\ESTHOMPSON\DISC\406991\ESTHOMPSON\13252\00165

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

Document 115

Filed 02/06/2007

Page 3 of 3

CERTIFICATE OF SERVICE I, Kevin J. Connors, hereby certify that two (2) copies of the MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S REQUESTS FOR PRODUCTION (D.I. 96) have been served by E-File and Regular Mail to the following: Shamsidin Ali a/k/a Robert Saunders SBI #052590 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Eileen Kelly, Esquire Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

BY:

/s/ Eric Scott Thompson ERIC SCOTT THOMPSON, ESQ. DE Bar ID: 4633 KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorneys for Defendant, Correctional Medical Services, Inc.

DATED: February 6, 2007
\15_A\LIAB\ESTHOMPSON\DISC\406992\ESTHOMPSON\13252\00165