Free Motion for Extension of Time - District Court of Delaware - Delaware

Case 1 :04-cv-01367-GIVIS Document 66 Filed 10/20/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JULIAN A. MILLER,
Plaintiff,
v.
STANLEY TAYLOR, individually and in his
official capacity as Commissioner of the Delaware
Department of Correction; THOMAS CARROLL,
individually and in his official capacity as Warden C'A' NO` 04-1367-KAJ
of the Delaware Correctional Center at Smyrna;
DR. ALIE, individually and in her official capacity
as Medical Director at DCC Smyrna; RN IHOMA,
individually and in her official capacity as
Registered Nurse at DCC Smyrna,
Defendants.
PLAINTIFF JULIAN MILLER’S MOTION
TO EXTEND THE TIME TO FILE AN AFFIDAVIT OF MERIT
Plaintiff Julian A. Miller (hereinafter referred to as "Plaintiff Miller"), pursuant to
l8 Del. C. § 6853, hereby moves for a second 60-day extension to file an affidavit of
merit with respect to the medical negligence claim in the proposed second amended
complaint. Counsel for Plaintiff Miller has left the firm for Fish & Richardson P.C. to
work as an engineer in New Castle, Delaware. Counsel for Plaintiff is in the process of
providing the appropriate notice to all parties and his client pursuant to L.R. 83.7.
Accordingly, Plaintiff Miller respectfully requests a 60-day extension for the filing of the
Affidavit of Merit.
Counsel for Defendants have been contacted regarding this motion. Defendants
Taylor and Caroll have no objection to this motion. As of the filing of this motion,
counsel for Defendant Dr. Sitta Gombeh-Alie had not responded to voice rnails seeking
their position.

Case 1:04-cv—01367-G|\/IS Document 66 Filed 10/20/2006 Page 2 of 3
Byi L/Z`; 1;; (/Q/gg 3,;%,4/[ gk-/2*. $#25* Z/· { ri
Sean P. Hayes (LD. Nor 44 3) @5%,,%)
919 N. Market Street, Suite 1100
P.O. Box 1114
Wilmington, DE 19899-1114
(302) 652-5070
Artorneyfor Plczimf
Julian A. Miller
Dated: October 20, 2006
80038283.doc

Case 1:04-cv—01367-Gl\/IS Document 66 Filed 10/20/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on October 20, 2006, I electronically tiled with the Clerk of
Court this PLAINTIFF JULIAN MILLER’S MOTION TO EXTEND THE TIME TO
FILE AN AFFIDAVIT OF MERIT using CM/ECF which will send electronic
notification of such tiling(s) to the following Delaware counsel at the addresses below.
In addition, copies were delivered to the addresses below in the manner indicated.
BY HAND BY HAND
Dana Spring Menze (LD. N9. 4605) Stephani J. Ballard (I.D. Na. 3481)
é2?t5 Tiiggeg Street Department er Justice
u1 e
Wilmington, DE 19899-03 97 g§.eFt`t‘ Ftettett Stteet
302-655-6749 _ 90*
[email protected] Wltmmgtom DE 19801
(302) 577-8400
Attorneyfor Defendant [email protected]
Dr. Sitta B. Go1nbeh—Alie
Attorney for Deknclants
Stanley Taylor and Thomas Carroll
BY CERTIFIED MAIL
Justin A. Miller
468 Country Drive
Apartment D
Dover, DE 19901
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