Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv-01542-GMS

Document 95

Filed 02/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Marcello Rispoli et al., Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1542-GMS Trial by Jury Demanded

DEFENDANTS' MOTION FOR LEAVE TO TAKE DEPOSITION OF PLAINTIFF Defendants, by undersigned counsel, hereby move for leave of Court pursuant to Federal Rule Civil Procedure 30(a)(2) and Local Rule 30.1 to take the deposition of Kevin Braithwaite, by oral examination who is confined in the Delaware Correctional Center, Smyrna, Delaware in order for Defendants to obtain discovery regarding matters relevant to their defense. 1. Since the plaintiff in this action is an unrepresented prisoner incarcerated in the

Delaware Correctional Center, and is unable to be reached by telephone and other contact is impractical, counsel has spent no time attempting to reach an agreement on the subject of the motion. 2. The discovery deadline in this matter is March 2, 2007.

WHEREFORE, Defendants respectfully request that the deposition by oral examination of Kevin Braithwaite be taken on Wednesday, February 28, 2007 at 10:00 AM at the Delaware Correctional Center, Smyrna, Delaware and same be taken before a person authorized to administer oaths pursuant to Rule 28 of the Federal Rules of Civil Procedure. The deposition

Case 1:04-cv-01542-GMS

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will be recorded by stenographic means.

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 [email protected] Dated: February 9, 2007

SO ORDERED this ________ day of February, 2007.

________________________ United States District Judge

Case 1:04-cv-01542-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Marcello Rispoli et al., Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1542-GMS Trial by Jury Demanded

7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. Plaintiff Kevin Braithwaite is currently incarcerated and it is not practical for undersigned counsel to communicate with him concerning Defendants' Motion for Leave to Depose Plaintiff. 2. Therefore, undersigned counsel assumes that the Motion is opposed. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. No. 3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendants Dated: February 9, 2007

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CERTIFICATE OF SERVICE I hereby certify that on February 9, 2007, the undersigned caused the attached Defendants' Motion For Leave to Depose Plaintiff to be filed with the Clerk of Court using CM/ECF and delivered to the following person(s) by First Class Mail:

NAME AND ADDRESS OF RECIPIENT(S): Kevin Braithwaite, Inmate SBI # 00315294 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ Ophelia M. Waters Ophelia M. Waters, I.D. No: 3879 Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]