Free Motion to Strike - District Court of Delaware - Delaware

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

Document 105

Filed 01/05/2007

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHAMSIDIN ALI, A/K/A ROBERT SAUNDERS, Plaintiff, 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 MORGAN and CORRECTIONAL MEDICAL SYSTEMS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civ. No. 05-102

JURY TRIAL DEMANDED

MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., TO STRIKE PLAINTIFF'S REQUEST FOR ADMISSIONS DIRECTED TO IHUOMA CHUCKS Defendant, Correctional Medical Services, Inc. ("CMS"), through its undersigned counsel, hereby submits this Motion of Defendant, Correctional Medical Services, Inc., to Strike Plaintiff's Request for Admissions Directed to Ihuoma Chucks and, in support thereof, avers as follows: 1. Plaintiff filed a Complaint in this matter on February 22, 2005 and a

Supplemental and Second Amended Complaint on September 19, 2005 naming Adult Bureau Chief Paul Howard, Warden Rick Kearney, Deputy Warden Mike DeLoy, Lt. Earl Messick, Lt. Joseph Johnson, Cpl. Fisher, Thomas Carroll, Correctional Medical Systems, Delaware Department of Corrections, Jane Morgan, Anthony J. Rendina, Capt. C. Segars and

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

Document 105

Filed 01/05/2007

Page 2 of 6

Commissioner Stanley Taylor as Defendants. Plaintiff alleged violations of his First and Eighth Amendment Rights against CMS under 42 U.S.C. § 1983. D.I. #1 (Complaint) and #19 (Supplemental and Second Amended Complaint). Delaware Department of Corrections was dismissed by the Court on June 13, 2006 upon Motion by Plaintiff. D.I. #57. 2. On December 27, 2006, Plaintiff filed Request for Admissions directed to

Ihuoma Chucks. D.I. #95. 3. Pursuant to Fed. R. Civ. P. 36(a) "A party may serve upon any other party

a written request for admissions...". (emphasis added.) 4. 5. Ihuoma Chucks is not a party to this action. Therefore, Plaintiff's Request for Admissions directed to Ihuoma Chucks

is not appropriate and should be stricken. WHEREFORE, Defendant, Correctional Medical Services, Inc., moves this Honorable Court to strike Plaintiff's Request for Admissions directed to Ihuoma Chucks. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Eric Scott Thompson KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 ERIC SCOTT THOMPSON, ESQUIRE DE Bar ID: 4633 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorneys for Defendant, Correctional Medical Services, Inc.

DATED: January 5, 2007
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Case 1:05-cv-00102-SLR-LPS

Document 105

Filed 01/05/2007

Page 3 of 6

CERTIFICATION OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of the MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., TO STRIKE PLAINTIFF'S REQUEST FOR ADMISSIONS DIRECTED TO IHUOMA CHUCKS, in the above-captioned matter this date by regular mail. Shamsidin Ali SBI No. 052590 DCC 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 KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 ERIC SCOTT THOMPSON, ESQUIRE DE Bar ID: 4633 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorneys for Defendant, Correctional Medical Services, Inc.

DATED: January 5, 2007
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Case 1:05-cv-00102-SLR-LPS

Document 105

Filed 01/05/2007

Page 4 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHAMSIDIN ALI, A/K/A ROBERT SAUNDERS, Plaintiff, 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 MORGAN and CORRECTIONAL MEDICAL SYSTEMS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civ. No. 05-102-***

JURY TRIAL DEMANDED

MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., TO STRIKE PLAINTIFF'S REQUEST FOR ADMISSIONS DIRECTED TO IHUOMA CHUCKS Defendant, Correctional Medical Services, Inc. ("CMS"), through its undersigned counsel, hereby submits this Motion of Defendant, Correctional Medical Services, Inc., to Strike Plaintiff's Request for Admissions Directed to Ihuoma Chucks and, in support thereof, avers as follows: 1. Plaintiff filed a Complaint in this matter on February 22, 2005 and a

Supplemental and Second Amended Complaint on September 19, 2005 naming Adult Bureau Chief Paul Howard, Warden Rick Kearney, Deputy Warden Mike DeLoy, Lt. Earl Messick, Lt. Joseph Johnson, Cpl. Fisher, Thomas Carroll, Correctional Medical Systems, Delaware Department of Corrections, Jane Morgan, Anthony J. Rendina, Capt. C. Segars and

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

Document 105

Filed 01/05/2007

Page 5 of 6

Commissioner Stanley Taylor as Defendants. Plaintiff alleged violations of his First and Eighth Amendment Rights against CMS under 42 U.S.C. § 1983. D.I. #1 (Complaint) and #19 (Supplemental and Second Amended Complaint). Delaware Department of Corrections was dismissed by the Court on June 13, 2006 upon Motion by Plaintiff. D.I. #57. 2. On December 27, 2006, Plaintiff filed Request for Admissions directed to

Ihuoma Chucks. D.I. #95. 3. Pursuant to Fed. R. Civ. P. 36(a) "A party may serve upon any other party

a written request for admissions...". (emphasis added.) 4. 5. Ihuoma Chucks is not a party to this action. Therefore, Plaintiff's Request for Admissions directed to Ihuoma Chucks

is not appropriate and should be stricken. WHEREFORE, Defendant, Correctional Medical Services, Inc., moves this Honorable Court to strike Plaintiff's Request for Admissions directed to Ihuoma Chucks. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Eric Scott Thompson KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 ERIC SCOTT THOMPSON, ESQUIRE DE Bar ID: 4633 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorneys for Defendant, Correctional Medical Services, Inc.

DATED: January 5, 2007
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Case 1:05-cv-00102-SLR-LPS

Document 105

Filed 01/05/2007

Page 6 of 6

CERTIFICATION OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of the MOTION OF DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC., TO STRIKE PLAINTIFF'S REQUEST FOR ADMISSIONS DIRECTED TO IHUOMA CHUCKS, in the above-captioned matter this date by regular mail. Shamsidin Ali SBI No. 052590 DCC 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 KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 ERIC SCOTT THOMPSON, ESQUIRE DE Bar ID: 4633 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorneys for Defendant, Correctional Medical Services, Inc.

DATED: January 5, 2007
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