Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1:07-cv-00172-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) Plaintiff, ) ) v. ) ) STANLEY TAYLOR, FIRST, ) CORRECTIONAL MEDICAL, ) CERTAIN UNKNOWN INDIVIDUAL ) EMPLOYEES OF THE STATE OF ) DELAWARE DEPARTMENT OF ) CORRECTION, RAPHAEL WILLIAMS, ) CERTAIN UNKNOWN INDIVIDUAL ) EMPLOYEES OF FIRST ) CORRECTIONAL MEDICAL CTR., and ) STATE OF DELAWARE DEPARTMENT ) OF CORRECTION, ) ) Defendants. ) JANET PORTER, KERRY PAXON, as next friend of KP, CHRISTOPHER PORTER, ERIC PORTER, and LEE GOLDSTEIN, Administrator of the ESTATE OF ROBERT GLENN PORTER,

C.A. No. 07-172-SLR

Jury Trial Requested

STATE DEFENDANTS RAPHAEL WILLIAMS AND STATE OF DELAWARE DEPARTMENT OF CORRECTION'S MOTION FOR ENLARGEMENT OF TIME COMES NOW, State Defendants Raphael Williams and the State of Delaware Department of Correction (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 responsive pleading in the above-captioned case. In support of the Motion, the State Defendants state as follows:

Case 1:07-cv-00172-SLR

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1.

Plaintiffs Janet Porter, Kerry Paxon, as next friend of KP,

Christopher Porter, Eric Porter, and Lee Goldstein, Administrator of the Estate of Robert Glenn Porter (the "Plaintiffs"), filed a Complaint with jury demand on or about March 23, 2007, seeking damages in connection with the death of Robert Glenn Porter. (D.I. 1). 2. On July 6, 2007, the Court issued summonses to the Plaintiffs for

the defendants. Summonses were returned executed by Plaintiffs as to Defendants State of Delaware Department of Correction and Raphael Williams on July 13, 2007. (D.I. 3, 6). 3. The undersigned counsel anticipates filing a responsive pleading

however, due to the above described circumstances in addition to press of other litigation within the Correction Unit, counsel requests an enlargement of fifteen (15) days until August 17, 2007, to file a response on behalf of the above-referenced State Defendants. 5. This is the State Defendants' first request for an extension of time

to file a responsive pleading in this matter. 6. A form of order is attached to this motion that will grant the State

Defendants a fifteen (15) day extension until on or before August 17, 2007, to file the State Defendants' response to Plaintiffs' Complaint. 7. Counsel for the State Defendants has contacted Plaintiffs' counsel

to reach an agreement on the subject of the Motion, and Plaintiffs' counsel has informed that he is not opposed to an enlargement of time.

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WHEREFORE, State Defendants respectfully request that the Court grant this Motion and enter an Order, substantially in the form attached hereto, enlarging State Defendants' time to file a response to Plaintiffs' Complaint until on or before August 17, 2007. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Stephani J. Ballard (#3481) Erika Y. Tross (#4506) Deputy Attorneys General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorneys for State Defendants Raphael Williams and Delaware Department of Correction Dated: August 2, 2007

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Case 1:07-cv-00172-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JANET PORTER, et al., Plaintiff, v. STANLEY TAYLOR, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 07-172-SLR Jury Trial Requested

7.1.1 CERTIFICATION OF COUNSEL The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District of Delaware, that she has contacted Plaintiffs' counsel to reach an agreement on the subject of the Motion for Enlargement of Time, and Plaintiffs' counsel has informed that he is not opposed to an enlargement of time. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Stephani J. Ballard (#3481) Erika Y. Tross (#4506) Deputy Attorneys General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorneys for State Defendants Raphael Williams and Delaware Department of Correction Dated: August 2, 2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JANET PORTER, et al., Plaintiff, v. STANLEY TAYLOR, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER Upon State Defendants Raphael Williams and State of Delaware Department of Correction's Motion For Enlargement Of Time (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 Raphael Williams and State of Delaware Department of Correction have until on or before August 17, 2007 to file a responsive pleading to the Complaint. SO ORDERED this _________ day of ______________, 2007. __________________________________________ The Honorable Sue L. Robinson United States District Court Judge

C.A. No. 07-172-SLR Jury Trial Requested

Case 1:07-cv-00172-SLR

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CERTIFICATE OF MAILING AND/OR DELIVERY I hereby certify that on August 2, 2007, I electronically filed State Defendants Raphael Williams and State of Delaware Department of Correction's Motion for Enlargement of Time with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Herbert G. Feuerhake, Esq.

/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