Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:08-cv-00050-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RHONDA A. COLEMAN, Plaintiff, v. WILMINGTON TRUST, Defendant. ) ) ) ) ) ) ) ) ) MOTION TO DISMISS 1. Plaintiff Rhonda A. Coleman ("Plaintiff") filed a pro se Complaint on

C.A. No. 08-50-GMS

January 26, 2008 and Defendant Wilmington Trust ("Defendant") filed an Answer on February 13, 2008. 2. On March 14, 2008, Defendant filed its First Request for Production of

Documents and First Set of Interrogatories. 3. On May 16, 2008, counsel for Defendant sent a letter to Plaintiff pointing

out that the discovery had not been answered (copies of all documents referred to herein are attached). 4. On May 26, 2008, the Plaintiff sent counsel for Defendant an email in

which she acknowledged receipt of the May 16, 2008 letter, but said that she had not received the March 14, 2008 discovery documents. She requested that a copy be sent to her. 5. Counsel for Defendant responded to the email by asking if her address was

16 Meghan's Way, Pennsville, NJ 08070 and if she had received the Answer to her Complaint.

DB02:6974029.1

044203.1028

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6.

On the same date, May 27, 2008, Plaintiff replied to the email by stating

that she had received the Answer to the Complaint, but she had not received the discovery. She also confirmed that the address was correct. 7. On the same date, counsel for Defendant emailed copies of the

Interrogatories and Request for Production and on May 28, 2008, Plaintiff acknowledged receiving the documents and said that she would respond. 8. Plaintiff has not responded to the Interrogatories and Request for

Production since receiving them on May 28, 2008. According to the Court's Scheduling Order, discovery is to be completed on or before August 14, 2008. Upon information and belief, Plaintiff has had the discovery since March 14, 2008 and according to her own acknowledgment, she has had the discovery since May 28, 2008. WHEREFORE, Defendant moves to dismiss the Complaint since Plaintiff has failed to respond to discovery in a timely manner. Respectfully submitted, YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Sheldon N. Sandler Sheldon N. Sandler (No. 245) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899-0391 (302) 571-6673 (302) 576-3330 [email protected] Attorneys for Defendant Dated: July 14, 2008

DB02:6974029.1

044203.1028

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