Free Response to Discovery - District Court of Delaware - Delaware

Case 1:04-cv-01392-JJF

Document 41

Filed 08/08/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WALLACE E. HARDEN, Plaintiff, v. GOVERNOR RUTH ANN MINNER, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1392-JJF

DEFENDANTS MICHAEL KNIGHT AND CHRISTOPHER KLEIN'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Michael Knight and Christopher Klein, ("Defendants") hereby respond to Plaintiff's Request for Production of Documents ("Request for Production"): GENERAL OBJECTIONS 1. Defendants object to the Request for Production to the extent that it seeks

information or documents protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege. 2. Defendants object to the Request for Production to the extent that it

purports to require supplementation of these responses beyond that required by Federal Rule of Civil Procedure 26(e). 3. Defendants object to the Request for Production to the extent that it

purports to place duties upon them not set forth in, or contemplated by, the Federal Rules of Civil Procedure. 4. Defendants object to the Request for Production to the extent that it

Case 1:04-cv-01392-JJF

Document 41

Filed 08/08/2008

Page 2 of 5

purports to seek information or documents not in their possession, custody or control. 5. Defendants object to the Request for Production to the extent that it seeks

the production of documents equally available to Plaintiff or Plaintiff's counsel. Such documents will be identified by Defendants, but will not be produced. 6. Defendants object to the Request for Production to the extent that it

purports to require production of information or documents which are impractical or unduly burdensome to reproduce. 7. Defendants object to the Request for Production to the extent that it seeks

the production of documents generated by or received from counsel for Defendants in connection with this litigation on or after the date of the acceptance of representation on the grounds that such documents are protected by attorney-client and work product privileges. RESPONSES Subject to, and without waiver of the foregoing General Objections, Defendants respond, after a reasonable search, and subject to supplementation, as follows: 1. All kitchen notes or logs or other correspondences regarding or arising out

of the complaint and incident referred to in the complaint. All response that were supplied to the grievance officer and the staff at DCC. RESPONSE: hereto. 2. All correspondence relating to and regarding or arising from the See Documents Bates-Stamped D00001 through D000104 attached

complaint, including any correspondences with fellow workers, supervisors, friends and family members.

Case 1:04-cv-01392-JJF

Document 41

Filed 08/08/2008

Page 3 of 5

RESPONSE: See Response to Production Request No. 1. 3. Any declarations, affidavits, log notes and electronic communications

regarding or arising from this complaint. RESPONSE: See Response to Production Request No. 1. 4. All information on how similar complaints were handled in the past 10

years and the outcome of these complaints and the award if any of compensation. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Further objection that this request for production has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. 5. Referring to question #4, all policies and Standard Operating Procedures

("SOP") that were used in and/or have been used in the handling of these complaints. RESPONSE: Objection. See Response to Production Request No. 4. Further objection that this request for production requests Department of Corrections policy and/or procedure information which is privileged pursuant to 11 Del. C. § 4322. 6. List all cases in which the defendant Michael Knight, the State (as the

entity DOC and/or DCC) and any other prisons within the Delaware prison system have had similar complaints and the outcome of these complaints and/or lawsuits. RESPONSE: Objection. See Response to Production Request No. 4.

Case 1:04-cv-01392-JJF

Document 41

Filed 08/08/2008

Page 4 of 5

DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Stacey Stewart Stacey Stewart, # 4667 Deputy Attorney General Department of Justice 820 N. French Street, 6th Floor Wilmington, De 19801 (302) 577-8400 Attorney for Defendants Michael Knight and Christopher Klein

Dated: August 8, 2008

Case 1:04-cv-01392-JJF

Document 41

Filed 08/08/2008

Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that on August 8, 2008, I electronically filed Defendants Michael Knight and Christopher Klein's Notice of Service and Response to Plaintiff's Request for Production of Documents with the Clerk of Court using CM/ECF. I hereby certify that on August 6, 2008, I have mailed by United States Postal Service, the document to the following non-registered participant:

Wallace E. Harden SBI # 146818 James T. Vaughn Correction Center 1181 Paddock Road Smyrna, DE 19977

/s/ Stacey Stewart Deputy Attorney General, ID#4667 Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]