Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00683-GMS

Document 23

Filed 04/21/2008

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE DESHAUNE D. DARLING, ) ) Plaintiff, ) v. ) ) CARL DANBERG, THOMAS CARROLL, ) CORRECTIONAL MEDICAL SERVICE, ) RICHARD P. DUSHUTTLE, M.D., and ) DEPUTY WARDEN DAVID PIERCE ) ) Defendants. )

Case No. 007-683 GMS JURY TRIAL DEMANDED

DEFENDANT CORRECTIONAL MEDICAL SERVICES, INC.S' REPLY IN SUPPORT OF ITS MOTION TO DISMISS (D.I. 18) Defendant Correctional Medical Services, Inc. ("CMS") by and through its undersigned counsel of record, filed its Motion to Dismiss claims for medical negligence made pursuant to Delaware state law. (D.I. 18) Plaintiff has responded by citing McCray v. First State Medical Systems, 379 F.Supp.2d 635, n.1 (D.Del. 2005) in support of his request that the Court "reject" CMS's Motion, claiming that he is not making any claims pursuant to State law. (D.I. 21) Plaintiff's Complaint, however, uses terms such as "neglect" and "malpractice." (D.I. 2) For purposes of a clear record, CMS respectfully requests entry of an order dismissing with prejudice all state law claims for medical negligence. BALICK & BALICK, LLC

/s/ James E. Drnec James E. Drnec, Esquire (#3789) 711 King Street Wilmington, Delaware 19801 302.658.4265 Attorneys for Defendant CMS Date: April 21, 2008

Case 1:07-cv-00683-GMS

Document 23-2

Filed 04/21/2008

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CERTIFICATE OF SERVICE I, James Drnec, hereby certify that on the 21st day of April 2008, the foregoing Defendant Correctional Medical Services, Inc.'s Reply in Support of its Motion to Dismiss was filed via CM/ECF and served First Class Mail upon the following:

Deshaune Darling SBI# 229896 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ James E. Drnec James E. Drnec, Esquire (#3789)