Free Motion to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv-00193-SLR

Document 120

Filed 05/22/2008

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANIBAL MELENDEZ, Plaintiff, v. NATE GARDELLS and MICHAEL ALLEN, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-193-SLR

DEFENDANTS' MOTION FOR LEAVE TO DEPOSE INMATE CURTIS EVANS

Defendants Nate Gardells and Michael Allen, by and through their undersigned counsel, respectfully request this Honorable Court to enter an Order granting the Defendants leave to depose Curtis Evans, an incarcerated individual. In support thereof, Defendants submit the following: 1. Curtis Evans, SBI# 340708, is an inmate incarcerated at the Delaware

Correctional Center in Smyrna, Delaware. 2. Today, Defendants were informed that Plaintiff intends to call Curtis Evans as a

witness at trial. The trial is scheduled for June 24, 2008. 3. 4. 5. individual. 6. A form of order is attached to this Motion that grants Defendants' counsel the Defendants would like to depose Curtis Evans as part of discovery in this case. No discovery deadline has been set in this matter. Fed. R. Civ. P. 30(a)(2) requires leave of the Court to depose an incarcerated

right to depose Curtis Evans. WHEREFORE, Defendants respectfully request that this Honorable Court grant their

Case 1:04-cv-00193-SLR

Document 120

Filed 05/22/2008

Page 2 of 4

Motion for Leave to Depose Curtis Evans. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi_______ Catherine Damavandi (ID # 3823) Deputy Attorney General State of Delaware Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for Defendants DATE: May 22, 2008

Case 1:04-cv-00193-SLR

Document 120

Filed 05/22/2008

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANIBAL MELENDEZ, Plaintiff, v. NATE GARDELLS and MICHAEL ALLEN, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-193-SLR

7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. Opposing counsel was contacted on May 22, 2008 regarding Defendants' Motion

for Leave to Depose Curtis Evans. 2. Opposing counsel has no objection to the motion.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi_______ Catherine Damavandi (ID # 3823) Deputy Attorney General State of Delaware Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for Defendants DATE: May 22, 2008

Case 1:04-cv-00193-SLR

Document 120

Filed 05/22/2008

Page 4 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANIBAL MELENDEZ, Plaintiff, v. NATE GARDELLS and MICHAEL ALLEN, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-193-SLR

CERTIFICATE OF SERVICE I certify that on May 22, 2008, I electronically filed Defendants' Motion For Leave to Depose Inmate Curtis Evans with the Clerk of Court using CM/ECF, which will send notification of such filing to the following: Jason C. Jowers, Esq. [email protected] Morris James LLP 500 Delaware Avenue, Suite 1500 Wilmington, DE 19899 Edward M. McNally, Esq. [email protected] Morris James LLP 500 Delaware Avenue, Suite 1500 Wilmington, DE 19899

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi_______ Catherine Damavandi (ID # 3823) Deputy Attorney General Delaware Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for Defendants