Free Answering Brief in Opposition - District Court of Delaware - Delaware

_;Ti‘* ., Case 1:06-cv-F00462aGl\/IS Document 10 Filed 11/15/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Christina R. Paoli
Plaintiff
v. C.A. No. 06-462-GIVIS
The State of Delaware, and _
Delaware Technical and Community College
Defendants

JUDGMENT ON THE PLEADINGS an-
The Plaintiff, Christina Paoli, responds to the motion as follows;
1. As to the claims being barred by the 11*** amendment to the constitution,
the complaint itself cites multiple federal statutes and/or federal i
constitutional provisions, including the 14*** amendment, that make th
issues before this court federal questions, and thus properly before it; or
properly before it because immunity has otherwise been waived by the
States, or waived in reference to those particular statutes.
2. As to the assertion that the claims fail to state a cause of action against
the state because, the Defendant states, "There is not a single allegation
of the wrongdoing alleged against the State itse|f," The Defendant State
admits on page 12 of its memorandum that the Plaintiff has expressly
alleged that the college is a Delaware state education institution."
(emphasis supplied). Thus, the Plaintiff having alleged that it is an
institution makes it sufficiently clear, at least for purposes of pleading, that
it is part of the apparatus of the state; a department, division, or agency of

tw. D Case 1:06—cv—00462-Gl\/IS Document 10 Filed 11/15/2006 Page 2 of 3
it; and in fact is so referenced among those entities in the attached listing
of "DeIaware Technical & Community CoIlege." Thus the action of
Delaware Technical & Community College was the action of the State, a
named defendant in this case.
3. As to the assertion that the complaint should be dismissed for lack of
personal jurisdiction over the State for failure to effect proper service, Rule
12 requires that such a motion be Hled before pleading. The Defendant
State of Delaware has already pled, responding to the particulars of the
complaint; and thus has effectively waived any objection as to the
sufficiency of the selvice of process.
Wherefore the Plaintiff requests that the motion be denied, that a hearing be had,
and, alternatively, that the plaintiff be permitted time to amend the pleadings and
effect service if necessary.
iz LC Z t, tf
Christina Paoli
600 Third Street
Rehoboth, DE 19971

Case 1:06—cv—00462-Gl\/IS Document 10 Filed 11/15/2006 Page 3 of 3
CERTlFlCATlON OF SERVICE
i hereby certify that a copy of the foregoing was mailed by regular mail on
November 14, 2006 to; ,
Marc P. Niedzielski, Esquire - I ‘
Deputy Attorney General
State of Delaware
820 N. French Street, 6*** Floor
Wilmington, DE 19801
And to;
Marc S. Casarino, Esquire
824 N. Street, Suite 902
P.O. Box 709
Wilmington, DE 19899 ,
Tel. 302-467-4520 i
Fax. 302-467-4550
Qi E
Christina Paoli P
600 Third Street
i Rehoboth, DE 19971