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

Case 1:04-cv-01523-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBBIE D. JONES, Plaintiff, v. COMMISSIONER STAN TAYLOR, WARDEN RICK KEARNEY, SGT. BARRY BILES, and TEANNA BANKS, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1523-JJF

DEFENDANTS' MOTION FOR LEAVE TO DEPOSE PLAINTIFF COME NOW Defendants Stan Taylor, Rick Kearney, Barry Biles, and Teanna Banks and through undersigned counsel, and respectfully move this Honorable Court to enter an Order granting counsel the right to depose Plaintiff Robbie Jones ("Plaintiff"), an incarcerated individual: 1. Plaintiff is an inmate incarcerated at the Sussex Correctional Institution in

Georgetown, Delaware. 2. in this case. 3. 4. The discovery deadline in this matter is June 15, 2007. Fed. R. Civ. P. 30(a)(2) requires leave of the Court to depose an Counsel for the Defendants wishes to depose Plaintiff as part of discovery

incarcerated individual. 5. A form of order is attached to this motion that grants Defendants' counsel

the right to depose Plaintiff.

Case 1:04-cv-01523-JJF

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WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion for Leave to Depose Plaintiff Robbie Jones.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Stacey Xarhoulakos_____ Stacey Xarhoulakos, 4667 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendants Dated: May 3, 2007

Case 1:04-cv-01523-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBBIE D. JONES, Plaintiff, v. COMMISSIONER STAN TAYLOR, WARDEN RICK KEARNEY, SGT. BARRY BILES, and TEANNA BANKS, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1523-JJF

7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. Plaintiff Robbie Jones 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/ Stacey Xarhoulakos_____ Stacey Xarhoulakos, 4667 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendants Dated: May 3, 2007

Case 1:04-cv-01523-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBBIE D. JONES, Plaintiff, v. COMMISSIONER STAN TAYLOR, WARDEN RICK KEARNEY, SGT. BARRY BILES, and TEANNA BANKS, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1523-JJF

ORDER This day of , 2007,

WHEREAS, Defendants having requested leave to depose Plaintiff Robbie Jones pursuant to Fed. R. Civ. P. 30(a); and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that Defendants' Motion for Leave to Depose Plaintiff shall be granted and Defendants shall have the right to depose Plaintiff Robbie Jones.

_________________________ United States District Judge

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CERTIFICATE OF SERVICE I hereby certify that on May 3, 2007, I electronically filed Defendants' Motion for Leave to Depose Plaintiff with the Clerk of Court using CM/ECF. I hereby certify that on May 3, 2007, I have mailed by United States Postal Service, the document to the following non-registered participants: Robbie Jones SBI # 313356 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947

/s/ Stacey Xarhoulakos Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]