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

Case 1:07-cv-00147-SLR

Document 46

Filed 06/30/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANTHONY PORTERFIELD, : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

MOTION OF DEFENDANTS, CORRECTIONAL MEDICAL SERVICES, INC. ("CMS"), DR. DALE RODGERS AND DR. DURST, FOR LEAVE TO DEPOSE PLAINTIFF Defendants, Correctional Medical Services, Inc. ("CMS"), Dr. Dale Rodgers and Dr. Durst, by and through their undersigned counsel, hereby move his Honorable court to enter an Order, substantially in the form attached hereto, granting the Motion of Defendants, CMS, Dr. Dale Rodgers and Dr. Durst, for leave to depose Plaintiff, Anthony Porterfield, and, in support thereof, state as follows: 1. Plaintiff, Anthony Porterfield is an inmate presently incarcerated at the SCIRetreat in Hunlock Creek, Pennsylvania. 2. Counsel for the Moving Defendants wish to depose Plaintiff, Anthony Porterfield as part of discovery in this case. 3. Federal Rule of Civil Procedure 30(a) requires leave of the Court to depose an incarcerated individual. 4. A form of Order that grants the Defendants' counsel the right to depose Plaintiff, Anthony Porterfield is attached to this Motion.

Case 1:07-cv-00147-SLR

Document 46

Filed 06/30/2008

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WHEREFORE, Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst, respectfully request this Honorable Court to enter an Order, substantially in the form attached hereto, granting the Motion for Leave to Depose Plaintiff, Anthony Porterfield. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Correctional Medical Services Inc., Dr. Dale Rodgers and Dr. Durst Dated: June 30, 2008
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Case 1:07-cv-00147-SLR

Document 46-2

Filed 06/30/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : ANTHONY PORTERFIELD, CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

ORDER Upon the Motion For Leave To Depose Plaintiff, Anthony Porterfield, of Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst: IT IS HEREBY ORDERED as follows: 1. 2. The Motion is GRANTED Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst,

are granted leave to depose the Plaintiff in this matter.

SO ORDERED this

day of

, 2008.

The Honorable Sue L. Robinson, United States District Court Judge
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Case 1:07-cv-00147-SLR

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Filed 06/30/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : ANTHONY PORTERFIELD, CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

7.1.1 CERTIFICATE OF COUNSEL The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that he has contacted counsel of record for the Plaintiff several times regarding the Motion for Leave to Depose Plaintiff, but that Plaintiff's counsel has not responded. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Correctional Medical Services, Inc., Dr. Dale Rodgers and Dr. Durst Dated: June 30, 2008
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Case 1:07-cv-00147-SLR

Document 46-4

Filed 06/30/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANTHONY PORTERFIELD, : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : INC. (CMS), et al., : : Defendants. : CIVIL ACTION NO.: 07-147-SLR

JURY TRIAL DEMANDED

CERTIFICATE OF MAILING AND/OR DELIVERY

I hereby certify that on June 30, 2008, I electronically filed Motion of Defendants, Correctional Medical Services, Inc. (CMS), Dr. Dale Rodgers and Dr. Durst, for Leave to Depose Plaintiff with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Edward J. Fornias, III, Esquire.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Correctional Medical Services, Inc. Dr. Dale Rodgers and Dr. Durst Date: June 30, 2008
15/638922.v1