Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

Case 1:07-cv-00380-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) TOM CARROLL, ELIZABETH BURRIS, ) D. PIERCE, DAVID K. HOLMAN, ) JOSEPH RICHARDSON, A. PROFACI, ) D. FIELDS, C.O. BASSINGER, ) 3 UNK. KITCHEN C.O.'S, QUANI NEAL, ) DR. LOUISE DESROSIERS, ) DIETICIAN/NUTRITIONIST CMS, and ) M. KNIGHT, ) ) Defendants. ) LOU GARDEN PRICE, SR.,

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Jury Trial Requested

STATE DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME [RE:D.I. 41] COMES NOW, State Defendants Tom Carroll, Elizabeth Burris, David Pierce, David Holman, Joseph Richardson, Alisa Profaci, Dorene Fields, Christine Baysinger and Michael Knight (the "State Defendants"), by and through their undersigned counsel, and hereby move this Honorable Court (the "Motion") to enter an Order granting an enlargement of time pursuant to Rule 6(b)(2) of the Federal Rules of Civil Procedure, in which to file a response to Plaintiff's Motion Seeking Preliminary Injunction Relief (D.I. 41) (the "Second Motion for Injunctive Relief"). In support of the Motion, the State Defendants state as follows: 1. Plaintiff Lou G. Price, Sr. ("Price" or "Plaintiff") is an inmate presently

incarcerated at the Delaware Correctional Center ("DCC"). Price is appearing pro se in this matter with leave to proceed in forma pauperis. 2. On June 12, 2007, Price filed a Complaint instituting the above-captioned

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matter. In the Complaint Price alleges, inter alia, that the defendants are denying him his special medical diet in violation of his constitutional rights. (D.I. 2). 3. Approximately six months later, on December 17, 2007, Price filed his

Second Motion for Injunctive Relief. In his Second Motion for Injunctive Relief Price claims that some of the State Defendants are retaliating against him in response to his filing the Complaint. 4. Three days later, on Thursday, December 20, 2007, the Court entered an

order directing the defendants to file a response to the Second Motion for Injunctive Relief no later than December 28, 2007. 5. The undersigned counsel anticipates filing a response to Plaintiff's Second

Motion for Injunctive Relief, however, due to the press of other litigation and the holiday season counsel for the State Defendants has been unable to gather the information and documents needed to effectively respond to the allegations in Plaintiff's Second Motion for Injunctive Relief. In light of the circumstances, counsel requests an enlargement of fourteen (14) days until January 11, 2008, to file a response on behalf of the State Defendants. 6. This is the State Defendants' first request for an extension of time to file a

response to Price's Second Motion for Injunctive Relief. 7. A form of order is attached to this motion that will grant the State

Defendants a fourteen (14) day extension until on or before January 11, 2008, to file the State Defendants' response to Plaintiff's Second Motion for Injunctive Relief. 8. There is no trial date scheduled in this case.

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WHEREFORE, State Defendants respectfully request that this Honorable Court grant this Motion and enter an Order, substantially in the form attached hereto, enlarging State Defendants' time to file a response to Plaintiff's Second Motion for Injunctive Relief until on or before January 11, 2008. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants Dated: December 27, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) TOM CARROLL, ELIZABETH BURRIS, ) D. PIERCE, DAVID K. HOLMAN, ) JOSEPH RICHARDSON, A. PROFACI, ) D. FIELDS, C.O. BASSINGER, ) 3 UNK. KITCHEN C.O.'S, QUANI NEAL, ) DR. LOUISE DESROSIERS, ) DIETICIAN/NUTRITIONIST CMS, and ) M. KNIGHT, ) ) Defendants. ) LOU GARDEN PRICE, SR.,

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7.1.1 CERTIFICATION OF COUNSEL The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that she is, as a practical matter, unable to discuss the subject of this Motion with the Plaintiff because the Plaintiff is an incarcerated inmate in a prison. Counsel for the State Defendants assumes that the Plaintiff opposes the Motion. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 Attorney for State Defendants Dated: December 27, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) TOM CARROLL, ELIZABETH BURRIS, ) D. PIERCE, DAVID K. HOLMAN, ) JOSEPH RICHARDSON, A. PROFACI, ) D. FIELDS, C.O. BASSINGER, ) 3 UNK. KITCHEN C.O.'S, QUANI NEAL, ) DR. LOUISE DESROSIERS, ) DIETICIAN/NUTRITIONIST CMS, and ) M. KNIGHT, ) ) Defendants. ) ORDER Upon State Defendants' Motion For Enlargement Of Time [Re: D.I. 41] (the "Motion"); and it appearing that good and sufficient notice of the Motion has been given; and after due deliberation thereon: IT IS HEREBY ORDERED as follows: 1. 2. The Motion is GRANTED. State Defendants have until on or before January 11, 2008 to file a response to Plaintiff's Second Motion for Injunctive Relief (D.I. 41). SO ORDERED this _________ day of ______________, 2007. LOU GARDEN PRICE, SR.,

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__________________________________________ The Honorable Sue L. Robinson United States District Court Judge

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on December 27, 2007, I caused a true and correct copy of the attached State Defendants' Motion for Enlargement of Time [Re: D.I. 41] to be served on the following individuals in the form and manner indicated: VIA FIRST CLASS MAIL: Inmate Lou Garden Price, Sr. SBI #00454309 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 VIA ELECTRONIC DELIVERY: James E. Drnec, Esq. Balick & Balick, LLC 711 King Street Wilmington, DE 19801

/s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400