Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:05-cv-00037-SLR

Document 75

Filed 06/29/2006

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IN UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE HARRY L. SAMUEL ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-037- SLR JURY OF 12 DEMANDED

Plaintiff, v. THOMAS CARROLL, ET. AL Defendants,

RESPONSE OF DEFENDANT FIRST CORRECTIONAL MEDICAL TO PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Defendant First Correctional Medical, hereinafter "FCM", requests that this Court deny plaintiff's Motion for default judgment for the following reasons: 1. 2. Counsel for FCM was notified by its client of this matter on January 10, 2006. From that point forward, counsel for FCM continued to monitor the docket in this

matter monthly for indications of Service or Waiver of Service. 3. On March 3, 2006, counsel for FCM pulled a docket report and the last date of entry

was February 17, 2006. 4. Plaintiff filed his Motion for Default Judgment as to all defendants on March 10,

2006 (D.I. 56). As of this date, there was no docket indication that FCM had been served. 5. On March 13, 2006, the docket finally indicated that FCM had waived service on

January 3, 2006 and an answer was due March 6, 2006. See D.I. 55. 6. Counsel for FCM did not file an Answer to plaintiff's complaints by March 10, 2006,

because she was not aware, and the docket did not reflect, that FCM had been formally served in the

Case 1:05-cv-00037-SLR

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matter. For the aforementioned reasons, FCM respectfully requests that this Court deny plaintiff's Motion for Default Judgment.

McCULLOUGH & McKENTY, P.A.

/s/ Dana Spring Monzo Dana Spring Monzo 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorney for Defendant First Correctional Medical Dated: June 29, 2006

Case 1:05-cv-00037-SLR

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE HARRY L. SAMUEL ) ) ) ) ) ) ) ) ) ) )

C.A. No. 05-037- SLR JURY OF 12 DEMANDED

Plaintiff, v. THOMAS CARROLL, ET. AL Defendants,

CERTIFICATE OF SERVICE I, DANA SPRING MONZO, hereby certify that this date attached Answer of Defendant First Correctional Medical to Plaintiff's Motion for Default Judgment was served upon the following:

Via Electronic Service Kevin J. Connors 1220 N. Market Street, Suite 500 P.O. Box 8888 Wilmington, DE 19899 Ophelia M. Waters 820 N. French Street, 8th Floor Wilmington, DE 19801 Via U.S. Mail Harry L. Samuel SBI# 201360 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

Case 1:05-cv-00037-SLR

Document 75

Filed 06/29/2006

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McCULLOUGH & McKENTY, P.A. /s/ Dana Spring Monzo Dana Spring Monzo 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorney for Defendant First Correctional Medical Dated: June 29, 2006