Free Deficiency Notice - District Court of Delaware - Delaware

Case 1:04-cv—OO941—SLR Document 31 Filed O4/19/2005 Page 1 of 3
OFFICE OF THE CLERK
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Peter T. Dallco LOCKBOX IS
CLERK 844 KING STREET
US.COURTHOUSE
WILMINGTON, DELAWARE 19SOl
(302)573—6l70
April 19, 2005
TO: Jeffery Alonzo Simms
SBI #198625
SCI
RE: Discovery Material
Dear Mr. Simms:
A “Certificate of Service" concerning initial disclosures
pursuant to Rule 26 of the Federal Rules of Civil Procedure was
received by the Court on April 14, 2005 and docketed as Item #30.
Please be advised, pursuant to Local Rule 5.4, all discovery
material must be filed with the Court in civil actions where a pro
se party is either the plaintiff or defendant in the case. A copy
of the Local Rule is enclosed. Please submit to the Court a copy
of the Initial disclosures served on defense counsel as noted in
your Certificate of Service.
Nothing contained in this letter is intended to express an
opinion as to the merits of any claims which you may be alleging.
Sincerely,
/btg PETER T. DALLEO
CLERK
cc: The Honorable Sue L. Robinson; CA 04-941 SLR

Case 1:04-cv—OO941—SLR D0cument31 Filed O4/19/2005 Page2
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UNITED STATES DISTRICT COURT ‘ E
APH 14 2005 g
DISTRICT OF DELAWARE l- " ju j
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT ON APRIL im 2005
I SENT THREW UNITE STATES POSTAL SERVICE SENT AND FILED INITIAL DISC
DISCLOSURES PURSUANT T0 RULE 26 WITH THE CLERK OF THE COURT USING
FEDERAL POSTAL SERVICE AND ON APRIL 12 2005 HAVE SENT A COPY OF SUCH
FILING BY FIRST CLASS MAIL T0 THE FOLLOWING:
*.-/3/ RALPH K. DURSTEIN5
DEPARTMENT OF JUSTICE
STATE OF DELAWARE
S20 m FRENCH STREET
WILMINGTON DELAWARE TQBOW / I A
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MMS 8625
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Case 1:04-cv—OO941—SLR Document 31 Filed O4/19/2005 Page 3 of 3
_q RULE 5.4. Discovery Materials Not Filed Unless Ordered or Needed.
(a) Service Without Filing. Except in cases involving pro se parties, all requests for
discovery under Fed. R. Civ. P. 3 I, 33 through 36, and 45, and answers and responses
thereto, and all required disclosures under Fed. R. Civ. P. 26(a), shall be served upon
other counsel or parties but shall not be filed with the Coun. In lieu thereoi the party
requesting discovery and the party serving responses thereto shall file with the Court a
"Notice of Service" containing the following:
(l) a certification that a particular form of discovery or response was served on other
counsel or opposing parties, and
(2) the date and manner of service. Filing the notice of taking of oral depositions required
by Fed. R. Civ. P. 30(b)(l), and filing ofproofofservice under Fed. R. Civ. P.
45(b)(3) in connection with subpoenas, will satisfy the requirement offiling a "Notice
of Service." In cases involving pro se parties, all requests for discovery under Fed. R.
Civ. P. 3 I, 33 through 36, and 45, and answers and responses thereto, shall be served
upon other counsel or parties and filed with the Court.
(b) Retention of Originals. The party responsible for service of the request for discovery
and the party responsible for the response shall retain the originals and become the
custodian of them. The party taking an oral deposition shall be custodian of the original;
no copy shall be tiled except pursuant to subparagraph (c). In cases involving out-of-state
counsel, local counsel shall be the custodian.
(c) Filing Where Necessary. If depositions, interrogatories, requests for documents,
requests for admissions, answers or responses are to be used at trial or are necessary to a
pretrial or post trial motion, the verbatim portions thereof considered pertinent by the
parties shall be filed with the Court when relied upon.
(d) Appeals. When discovery not previously tiled with the Court is needed for appeal
purposes, the Court, on its own motion, on motion by any party or by stipulation of
counsel, shall order the necessary material delivered bythe custodian to the Court.
(e) Orders to File the Original. The Court on its own motion, on motion by any party or on
application by a non-party, may order the custodian to file the original of any discovery
document.
(f) Notice of Filing. When discovery materials are to be Hled with the Court other than
during trial, the filing party shall file the material together with a notice (I) stating, in no
more than one page, the reason for filing and (2) setting forth an itemized list of the
material.
Source: Former Delaware Local Rule 4.1.E. with revisions, inciuding revisions to conform to
the I993 Arnendnients to F ed R. Civ. P. 26(rr).