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

Case 1:04-cv-01367-GMS

Document 42

Filed 06/09/2006

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 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 18 Del. C. § 6853, hereby moves for a 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 been and continues to attempt to retrieve Plantiff Miller's medical records from the DCC and to schedule an examination with an expert witness. Accordingly, the Court should grant Plaintiff Miller's motion.

C.A. No. 04-1367-KAJ

Case 1:04-cv-01367-GMS

Document 42

Filed 06/09/2006

Page 2 of 3

Dated: June 9, 2006

FISH & RICHARDSON P.C.

By: /s/ Sean P. Hayes Sean P. Hayes (I.D. No. 4413) Fish & Richardson P.C. 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 (302) 652-5070 [email protected] Attorney for Plaintiff Julian A. Miller
80033918.doc

Case 1:04-cv-01367-GMS

Document 42

Filed 06/09/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 9, 2006, I electronically filed with the Clerk of Court 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 filing(s) to the following Delaware counsel, and by Registered Mail, Return Receipt Requested to Dr. Sitta B. Gombeh-Alie at the address below. BY EMAIL AND BY HAND Aaron R. Goldstein (I.D. No. 3735) Department of Justice 820 N. French Street 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendants Stanley Taylor and Thomas Carroll BY REGISTERED MAIL RETURN RECEIPT REQUESTED Dr. Sitta B. Gombeh-Alie 802 Ridge Court Cantwell Ridge Middletown, DE 19709

/s/ Sean P. Hayes Sean P. Hayes