Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

Case 1:04-cv-01334-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, by and ) through the DELAWARE ) DEPARTMENT OF CORRECTIONS, ) STANLEY TAYLOR COMMISSIONER, ) PAUL W. HOWARD BUREAU CHIEF, ) BEN ROBINSON M.D. MEDICAL ) DIRECTOR, RICK KEARNEY WARDEN ) SUSSEX CORRECTIONAL ) INSTITUTION, ROBERTA BURNS ) M.D. STAFF PHYSICIAN, SUSAN ) RICKARDS ADMINISTRATOR OF ) HEALTH SERVICES, and JOHN AND ) JANE DOES I-XII, ) ) Defendants. ) DONALD JORDAN,

C.A. No. 04-1334-KAJ

STATE DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME COMES NOW State Defendants, by and through undersigned counsel, and respectfully moves this Honorable Court to enter an Order granting a thirty day enlargement of time within which to file a reply brief. In support of this motion, State Defendants offer the following: 1. On October 24, 2005, State Defendants filed a Motion to Dismiss with

accompanying Memorandum of Points and Authorities. [D.I. 21,22]. On that same date, the undersigned counsel caused the Motion and Memorandum to be served upon Plaintiff by first class mail to the address provided by him in his Complaint filed with this Court "Donald Jordan, SBI # 095723, Sussex Correctional Institution, P.O. Box 500, Georgetown, DE 19947" [D.I. 222]. See Notice attached hereto as Exhibit "A."

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2.

On October 24, 2005, this Court ordered Plaintiff to file his answering brief no

later than November 7, 2005. (D.I. 22). 3. Plaintiff filed his Answering Brief with the Court on December 5, 2005. (D.I.

24). Defendants' Reply is due on December 9, 2005. 3. Defense counsel will be out of the office when the reply brief is due. Defense

counsel also requires additional time to investigate the claims made in Plaintiff's Answering brief and requests an enlargement of time of thirty days to file a reply brief 4. There is no trial date scheduled in this case.

WHEREFORE, for the reasons stated herein, State Defendant respectfully requests that the Court grant their Motion for Enlargement of Time and enter an order in the form attached hereto, with the appropriate dates provided at the Court's discretion. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Date: December 7, 2005 Attorney for State Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, by and ) through the DELAWARE ) DEPARTMENT OF CORRECTIONS, ) STANLEY TAYLOR COMMISSIONER, ) PAUL W. HOWARD BUREAU CHIEF, ) BEN ROBINSON M.D. MEDICAL ) DIRECTOR, RICK KEARNEY WARDEN ) SUSSEX CORRECTIONAL ) INSTITUTION, ROBERTA BURNS ) M.D. STAFF PHYSICIAN, SUSAN ) RICKARDS ADMINISTRATOR OF ) HEALTH SERVICES, and JOHN AND ) JANE DOES I-XII, ) ) Defendants. ) DONALD JORDAN,

C.A. No. 04-1334-KAJ

ORDER This day of , 2005,

WHEREAS, State Defendant having requested an enlargement of time in which to file a reply brief; and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that State Defendant's Motion for Enlargement of Time be granted and said Defendant shall file a reply brief on or before _______________.

______________________________ Kent A. Jordan United States District Court Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, by and ) through the DELAWARE ) DEPARTMENT OF CORRECTIONS, ) STANLEY TAYLOR COMMISSIONER, ) PAUL W. HOWARD BUREAU CHIEF, ) BEN ROBINSON M.D. MEDICAL ) DIRECTOR, RICK KEARNEY WARDEN ) SUSSEX CORRECTIONAL ) INSTITUTION, ROBERTA BURNS ) M.D. STAFF PHYSICIAN, SUSAN ) RICKARDS ADMINISTRATOR OF ) HEALTH SERVICES, and JOHN AND ) JANE DOES I-XII, ) ) Defendants. ) DONALD JORDAN,

C.A. No. 04-1334-KAJ

16.5 CERTIFICATE OF COUNSEL In compliance with Local Rule of Civil Procedure 16.5, counsel for the Defendants making the request for enlargement of time to file a reply brief files this Certificate and states: I certify that the State Defendants have been provided with copies of the Motion for Enlargement of Time and that service has been sent by regular mail.

Date: December 7, 2005

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for State Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, by and ) through the DELAWARE ) DEPARTMENT OF CORRECTIONS, ) STANLEY TAYLOR COMMISSIONER, ) PAUL W. HOWARD BUREAU CHIEF, ) BEN ROBINSON M.D. MEDICAL ) DIRECTOR, RICK KEARNEY WARDEN ) SUSSEX CORRECTIONAL ) INSTITUTION, ROBERTA BURNS ) M.D. STAFF PHYSICIAN, SUSAN ) RICKARDS ADMINISTRATOR OF ) HEALTH SERVICES, and JOHN AND ) JANE DOES I-XII, ) ) Defendants. ) ) 7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. The plaintiff is an inmate incarcerated in the Delaware Correctional system, at the DONALD JORDAN,

C.A. No. 04-1334-KAJ

Sussex Correction Institution, Georgetown, Delaware. 2. Since the plaintiff is not able to be reached by telephone, counsel for the State

defendants has spent no time in attempting to reach an agreement on the subject of the motion for enlargement of time. 3. She assumes that the motion is opposed. STATE OF DELAWARE DEPARTMENT OF JUSTICE

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/s/ Lisa Barchi Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Date: December 7, 2005 Attorney for State Defendant

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CERTIFICATE OF MAILING AND/OR DELIVERY I hereby certify that on December 7, 2005, I electronically filed State Defendant's Motion for Enlargement of Time with the Clerk of Court using CM/ECF. I have mailed by United States Postal Service, the document to the following non-registered participant: Donald Jordan SBI # 095723 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947

/s/ Lisa Barchi Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for State Defendant