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

Case 1:07-cv-00269-SLR

Document 36

Filed 07/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KENNETH SMITH, Plaintiff, v. STAN TAYLOR, THOMAS CARROLL, FIRST CORRECTIONAL MEDICAL, INC., DAVID WILKERSON, and GAIL ELLER, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-269-SLR JURY TRIAL DEMANDED

DEFENDANTS' MOTION FOR LEAVE TO DEPOSE PLAINTIFF COMES NOW Defendant Thomas Carroll ("Defendant"), by and through undersigned counsel, and respectfully moves this Honorable Court to enter an Order granting counsel the right to depose Kenneth Smith ("Plaintiff"), an incarcerated individual: 1. Plaintiff is an inmate incarcerated at the James T. Vaughn Correctional Center in

Smyrna, Delaware. 2. case. 3. The scheduling order requires that discovery be completed on or before July 31, Counsel for the Defendant wishes to depose Plaintiff as part of discovery in this

2008. (D.I. 24). 4. individual. 5. A form of order is attached to this motion that grants Defendant's counsel the Fed. R. Civ. P. 30(a)(2) requires leave of the Court to depose an incarcerated

right to depose Plaintiff.

Case 1:07-cv-00269-SLR

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Filed 07/14/2008

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WHEREFORE, Defendant respectfully requests that this Honorable Court grant his Motion for Leave to Depose Plaintiff Kenneth Smith. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Stacey X. Stewart_____________ Stacey X. Stewart, I.D. No. 4667 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Thomas Carroll Dated: July 14, 2008

2

Case 1:07-cv-00269-SLR

Document 36

Filed 07/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KENNETH SMITH, Plaintiff, v. STAN TAYLOR, THOMAS CARROLL, FIRST CORRECTIONAL MEDICAL, INC., DAVID WILKERSON, and GAIL ELLER, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-269-SLR JURY TRIAL DEMANDED

ORDER This day of _________________ , 2008,

WHEREAS, Defendant having requested leave to depose Plaintiff Kenneth Smith pursuant to Fed. R. Civ. P. 30(a); and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that Defendant's Motion for Leave to Depose Plaintiff shall be granted and Defendants shall have the right to depose Plaintiff Kenneth Smith.

_________________________ United States District Judge

Case 1:07-cv-00269-SLR

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Filed 07/14/2008

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CERTIFICATE OF SERVICE I hereby certify that on July 14, 2008, I electronically filed Defendant's Motion for Leave to Depose Plaintiff with the Clerk of Court using CM/ECF. I hereby certify that on July 14, 2008, I have mailed by United States Postal Service, the document to the following nonregistered participants: Kenneth Smith SBI # 193906 James T. Vaughn Correctional Center 1181 Paddock Road. Smyrna, DE. 19977 /s/ Stacey X. Stewart_________ Stacey X. Stewart, I.D. No. 4667 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Thomas Carroll