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


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Case 1:05-cv-00037-SLR

Document 86

Filed 10/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) ) v. ) ) THOMAS CARROLL, (WARDEN), LT. ) PORTER, COUNSELOR KRAMER, and ) the I.B.C.C. (CLASSIFICATION ) COMMITTEE), and DENTAL SERVICE, ) ) Defendants. ) HARRY SAMUEL,

C.A. No. 05-037-SLR

STATE DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME OUT OF TIME State defendants, Warden Thomas Carroll, Lieutenant Porter, Correctional Officer Rob Young, and Counselor Kramer by and through undersigned counsel, hereby move the Court, pursuant to Fed. R. Civ. P. 6(b)(2), to grant an enlargement of time out of time within which to file responses to Plaintiff's discovery requests in the above captioned case. In support of its Motion, State defendants submit the following:
1.

Harry Samuel ( plaintiff ) is an inmate incarcerated and under the supervision of

the Delaware Department of Correction ( DOC ) housed at the Delaware Correctional Center ( DCC ) Smyrna, Delaware. 2. On or about January 25, 2005, plaintiff commenced this action by filing a

Complaint pursuant to 42 U.S.C. 1983 with leave to proceed in forma pauperis against several State Defendants as well as medical personnel alleging violations of his Eighth and Fourteenth Amendment Constitutional rights. (D.I.#2). State defendants named in the Complaint are: DCC's

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Warden Thomas Carroll, Lieutenant Porter, Correctional Officer Rob Young, and Counselor Kramer. 3. On or about September 23, 2005, by Memorandum Order, plaintiff's Fourteenth

Amendment classification claim was dismissed as well as an Eighth Amendment condition of confinement claim. (D.I.#23). Plaintiff's Eighth Amendment claim regarding dental care treatment however, was found not to be frivolous under 28 U.S.C. 1915A(b). 4. On or about March 8, 2006, State defendants filed a Motion to Dismiss with an

accompanying Memorandum of Points and Authorities in Support of their Motion to Dismiss. (D.I.##53, 54). On or about March 15, 2006, plaintiff filed an Answering Brief. (D.I.#58). On or about March 22, 2006, State defendants filed a Reply Brief. (D.I.#62). 5. On or about August 25, 2006, plaintiff filed Discovery Requests for Production of

Documents and Interrogatories. (D.I.#84). 6. Due to the press of other litigation, counsel was unable to meet the September 25,

2006 deadline for filing discovery responses. At the moment, counsel is still obtaining the necessary information from her clients in order to properly prepare responses to plaintiff's discovery requests. 7. As a result, counsel, on behalf of her clients, respectfully requests that the Court

grant an extension of thirty (30) days from the September 25, 2006 deadline until October 23, 2006, to formulate and prepare the appropriate responsive pleadings. 8. to discovery. This is State defendants first request for an extension of time for filing responses

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A form of order is attached to this motion that will grant the State defendants a thirty (30) day extension from the September 25, 2006 date until October 23, 2006, to file responses to plaintiff's discovery. STATE OF DELAWARE DEPARTMENT OF JUSTICE _/s/ Ophelia M. Waters Ophelia M. Waters, I.D. 3879 Deputy Attorney General Carvel State Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400

DATED: October 3, 2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) ) vi. ) ) THOMAS CARROLL, (WARDEN), LT. ) PORTER, COUNSELOR KRAMER, and ) the I.B.C.C. (CLASSIFICATION ) COMMITTEE), and DENTAL SERVICE, ) ) Defendants. ) HARRY SAMUEL,

C.A. No. 05-037-SLR

ORDER This day of , 2006,

WHEREAS, State defendants having requested an enlargement of time in which to file discovery responses; and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that State defendants' Motion for Enlargement of Time be granted and said State defendants shall file responses to plaintiff's discovery requests on or before October 23, 2006.

_________________________ Judge Sue L. Robinson

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) ) vii. ) ) THOMAS CARROLL, (WARDEN), LT. ) PORTER, COUNSELOR KRAMER, and ) the I.B.C.C. (CLASSIFICATION ) COMMITTEE), and DENTAL SERVICE, ) ) Defendants. ) HARRY SAMUEL,

C.A. No. 05-037-SLR

7.1.1 CERTIFICATION OF COUNSEL The counsel for the State defendants, Deputy Attorney General Ophelia M. Waters, files this certification in compliance with Rule 7.1.1 of the Local Rules of Civil Procedure and certifies that: 1. The plaintiff in this action is an unrepresented prisoner incarcerated in the

Delaware Correctional Center, Smyrna, Delaware. 2. Since the plaintiff is not able to be reached by telephone and other contact is

impractical, counsel for the State defendants has spent no time in attempting to reach an agreement on the subject of the motion for enlargement of time to file a response to plaintiff s discovery requests. 3. She assumes that the motion is opposed.

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DEPARTMENT OF JUSTICE STATE OF DELAWARE by: __/s/ Ophelia M. Waters Ophelia M. Waters, I.D. 3879 Deputy Attorney General Department of Justice State of Delaware 820 N. French St. Wilmington, DE 19801

DATED: October 3, 2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) ) viii. ) ) THOMAS CARROLL, (WARDEN), LT. ) PORTER, COUNSELOR KRAMER, and ) the I.B.C.C. (CLASSIFICATION ) COMMITTEE), and DENTAL SERVICE, ) ) Defendants. ) HARRY SAMUEL,

C.A. No. 05-037-SLR

16.5 CERTIFICATION In compliance with Local Rule of Civil Procedure 16.5, counsel for the State defendants making the request for an extension of time files this certification and states: I certify that I have sent a copy of the request for an extension of time to file a response to plaintiff s discovery requests to the State defendants.

DEPARTMENT OF JUSTICE STATE OF DELAWARE __/s/ Ophelia M. Waters Ophelia M. Waters, I.D. # 3879 Department of Justice Carvel State Bldg., 6th Fl., 820 N. French St., Wilmington, DE 19801 (302)577-8400

Dated: October 3, 2006

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CERTIFICATE OF SERVICE I hereby certify that on October 3, 2006, I electronically filed State Defendants' Motion for Enlargement of Time Out of Time Pursuant to Fed. R. Civ. P. 6(b)(2) with the Clerk of Court using CM/ECF. I hereby certify that on October 3, 2006, I have mailed by United States Postal Service, the document to the following non-registered participant: Harry Samuel; SBI #201360; Delaware Correctional Center, 1181 Paddock Road, Smyrna, DE 19977. . STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]