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

Case 1:07-cv-00269-SLR

Document 13

Filed 10/22/2007

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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

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME COMES NOW Defendant, Thomas Caroll ("Defendant Carroll"), by and through undersigned counsel, and respectfully moves this Honorable Court to enter an Order granting an enlargement of thirty days within which to file a response to Kenneth Smith's ("Plaintiff") Complaint. In support of this motion, Defendant Carroll offers the following: 1. 2. On May 15, 2007, Plaintiff filed this Complaint. (D.I. 2). On August 30, 2007, Defendant Carroll's signed Waiver of Service form was

filed with the Court with an answer due by October 22, 2007. (D. I. 9). 3. Defense counsel anticipates being able to file a responsive pleading by November

22, 2007. Response to Plaintiff's Complaint requires the collection and review of records. The documents have been requested. However, not all of them have been reviewed as of this date. In addition, a leave of absence by counsel, current caseload, and severe time constraints have created the need for more time to review records and draft the responsive pleading. 4. There is no trial date scheduled in this case.

Case 1:07-cv-00269-SLR

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Filed 10/22/2007

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WHEREFORE, for the reasons stated herein, Defendant Carroll respectfully requests that the Court grant the Motion for Enlargement of Time and enter an order in the form attached hereto. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Stacey Xarhoulakos Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Date: October 22, 2007 Attorney for Defendant Thomas Carroll

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Case 1:07-cv-00269-SLR

Document 13

Filed 10/22/2007

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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 , 2007,

WHEREAS, Defendant Thomas Carroll, having requested an enlargement of time of thirty days in which to file an answer; and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that Defendant's Motion for Enlargement of Time be granted and said Defendant shall file an answer on or before November 22, 2007.

______________________________ Sue L. Robinson, Judge United States District Court Judge

Case 1:07-cv-00269-SLR

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Filed 10/22/2007

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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

16.5 CERTIFICATE OF COUNSEL In compliance with Local Rule of Civil Procedure 16.5, counsel for the Defendants making the request for enlargement of time to file a reply brief files this Certificate and states: I certify that the Defendants have been provided with copies of the Motion for Enlargement of Time and that service has been sent by regular mail.

/s/ Stacey Xarhoulakos Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Date: October 22, 2007 Attorney for Defendant Thomas Carroll

Case 1:07-cv-00269-SLR

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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

7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. The plaintiff is an inmate incarcerated in the Delaware Correctional system, at the

Delaware Correctional Center in Smyrna, Delaware. 2. Since the plaintiff is not able to be reached by telephone, counsel for Defendants

has spent no time in attempting to reach an agreement on the subject of the motion for enlargement of time. 3. She assumes that the motion is opposed. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Stacey Xarhoulakos Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Date: October 22, 2007 Attorney for Defendant Thomas Carroll

Case 1:07-cv-00269-SLR

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CERTIFICATE OF MAILING AND/OR DELIVERY I hereby certify that on October 22, 2007, I electronically filed Defendant's Motion for Enlargement of Time with the Clerk of Court using CM/ECF. On October 22, 2007, I have mailed by United States Postal Service, the document to the following non-registered participant: Kenneth Smith SBI # 193906 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ Stacey Xarhoulakos Deputy Attorney General 820 N. French Street, 6th floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Thomas Carroll