Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00219-GMS
JOSEPH R. BIDEN, III
Attorney General

Document 51

Filed 08/09/2007

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DEPARTMENT OF JUSTICE

NEW CASTLE COUNTY Carvel State Building 820 N. French Street Wilmington, DE 19801 Criminal Division (302) 5778500 Fax: (302) 577-2496 Civil Division (302) 577-8400 Fax: (302) 577-6630 TTY: (302) 577-5783 PLEASE REPLY TO:

KENT COUNTY 102 West Water Street Dover, DE 19904 Criminal Division (302) 739-4211 Fax: (302) 739-6727 Civil Division (302) 739-7641 Fax: (302) 739-7652 TTY: (302) 739-1545

SUSSEX COUNTY 114 E. Market Street Georgetown, DE 19947 (302) 856-5353 Fax: (302) 856-5369 TTY: (302) 856-2500

[New Castle County-Civil Division]

August 9, 2007

The Honorable Mary Pat Thynge United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: Fayson v. Earle, et al. D. Del., C.A. No. 04-219-KAJ

Dear Magistrate Judge Thynge: In accordance with the March 20, 2007 Scheduling Order entered in the above-captioned matter (D.I. 43), the Defendants are submitting this Interim Status Report. Nature of the Case This is a Section 1983 action filed by Plaintiff, Donial Fayson, an inmate incarcerated at the Baylor Women's Correctional Institution in New Castle, Delaware. Ms. Fayson is appearing pro se in this matter with leave to proceed in forma pauperis. Plaintiff originally filed this lawsuit against Defendants Stanley Taylor, Patrick Ryan and Bernita Earle alleging that the Defendants violated her constitutional rights. On January 30, 2006, the Defendants filed a Motion to Dismiss. (D.I. 22, 23). Plaintiff subsequently filed a response in opposition to the Motion to Dismiss. (D.I. 25). On November 7, 2006, Judge Jordan issued a memorandum opinion and order granting in

Case 1:04-cv-00219-GMS
The Honorable Mary Pat Thynge August 9, 2007 Page 2

Document 51

Filed 08/09/2007

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part and denying in part the Defendants' Motion to Dismiss. (D.I. 33). In its opinion, the Court dismissed Stanley Taylor from the case. In addition, the Court dismissed all of Ms. Fayson's claims, except her claim that Defendants Ryan and Earle are denying her a Halal diet in violation of her constitutional rights. Defendants contend that they have not violated Ms. Fayson's rights and that the Constitution does not require them to provide her with a Halal diet. Discovery The parties are currently in discovery. Defendants issued discovery requests to the Plaintiff on April 19, 2007. (D.I. 46). Ms. Fayson filed her responses to discovery on June 11, 2007. (D.I. 50). To date, Ms. Fayson has not issued any discovery requests to the Defendants. The discovery cut-off date is September 28, 2007. The Defendants plan to seek leave of the Court to depose the Plaintiff prior to the discovery cut-off date. In accordance with the Scheduling Order, all case dispositive motions, and opening briefs and affidavits in support of the motions, are due on or before October 31, 2007. Matters in Issue Defendants have no issues at this time. Thank you. Sincerely, /s/ Erika Y. Tross Erika Y. Tross Deputy Attorney General Attorney for Defendants cc: Donial Fayson, Plaintiff