Case 1:05-cv-00037-SLR
Document 139
Filed 07/16/2008
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY L. SAMUEL, Plaintiff, v. FIRST CORRECTIONAL MEDICAL, Defendant. ) ) ) ) ) ) ) ) ) )
C.A. No. 05-037-SLR
PLAINTIFF'S MOTION FOR HEARING REGARDING ENTRY OF JUDGMENT Plaintiff Harry L. Samuel respectfully requests that the Court set a hearing to determine whether judgment should be entered, and in what amount, against defendant First Correctional ("FCM") based on FCM's failure to defend. On April 4, 2008, the Court ordered FCM to retain new counsel before June 9, 2008 (D.I. 137). The Court made clear that "[f]ailure of FCM to timely comply with this order shall be considered a failure to defend and the court shall conduct a hearing at sometime in the future to determine whether judgment (and in what amount) shall be entered against FCM" (id.). Because FCM has failed to retain new counsel as required by the Court's April 4 Order, plaintiff respectfully requests that the Court set a hearing to determine whether judgment should be entered against FCM, and in what amount.
Case 1:05-cv-00037-SLR
Document 139
Filed 07/16/2008
Page 2 of 3
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/s/ Rodger D. Smith II
Rodger D. Smith II (#3778) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Plaintiff July 16, 2008
2411383
Case 1:05-cv-00037-SLR
Document 139
Filed 07/16/2008
Page 3 of 3
CERTIFICATE OF SERVICE I, Rodger D. Smith II, hereby certify that on July 16, 2008, I caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF. I also certify that copies were caused to be served on July 16, 2008, upon the following in the manner indicated: BY REGISTERED MAIL Dr. Tammy Kastre First Correctional Medical 205 W. Giaconda Way, Suite 115 Tucson, AZ 85704
/s/ Rodger D. Smith II
Rodger D. Smith II (#3778) MORRIS, NICHOLS, ARSHT & TUNNELL LLP (302) 658-9200 [email protected]