Free Order - District Court of Delaware - Delaware


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Date: November 15, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—00037-SLR Document 97 Filed 11/15/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY sAMuEL, )
Plaintiff, g
v. ) Civ. No. 05-037-SLR
FIRST CORRECTIONAL MEDICAL, g
et al., )
Defendants. )
O R D E R
At Wilmington this 15th day of November, 2006, there being
multiple pending motions;l and defendant First Correction Medical
(“FCM”) having filed an answer to the complaint and amended
complaint (D.I. 2, 34, 74);
IT IS ORDERED that:
l. Plaintiff’s motion for default as to all defendants
(D.I. 56) is denied as moot, as all defendants have responded to
the complaint and amended complaint.2
2. The motion to strike filed by defendant FCM (D.I. 79) is
1The pending motions to dismiss filed by various State
defendants (D.I. 53) and by defendant Correctional Medical
Services, Inc. (“CMS”) (D.I. 60) shall be addressed in a separate
memorandum opinion and order.
“Defendant I.B.C.C. is hereby dismissed from the case, as
the only claim asserted against this defendant, the
classification claim, has been dismissed.

Case 1:05-cv—00037-SLR Document 97 Filed 11/15/2006 Page 2 of 3
granted, as plaintiff’s letters to the court (including D.I. 71,
72, 77) do not constitute pleadings which either the court or the
parties need address.
3. The motion for protective order filed by defendant CMS
(D.I. 85) is granted, pending disposition of the pending motions
to dismiss.
4. The motion to compel discovery filed by plaintiff (D.I.
95) is granted in part only as to defendant FCM and only as to
discovery requests numbered 2, 4, and 5. The responses to these
requests shall be served on plaintiff and filed with the court on
or before December 15, 2006. The court notes in this regard
that, while the State defendants responded to plaintiff's
discovery requests (D.I. 83, 93), the medical records filed do
not seem to include those relating to the time period at issue,
that is, September 2004 to September 2005. To the extent that
any defendant has medical records relating to this time period or
to the specific medical problem in dispute, those records must be
filed under seal with the court on or before December 15, 2006.
5. With respect to defendant FCM and plaintiff:
a. All other discovery requests shall be served and
filed on or before January 16, 2007.
b. Motions for summary judgment, along with opening
briefs and, if any, affidavits and exhibits, shall be filed on or
before February 28, 2007.
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Case 1:05-cv-00037-SLR Document 97 Filed 11/15/2006 Page 3 of 3
c. Answering briefs, with responding affidavits and
exhibits, if any, shall be filed on or before March 28, 2007.
d. Reply briefs may be filed on or before April 11,
2007.
United Statsé District Judge
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