Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00062-GMS

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ESTATE OF RONALD W. TROTMAN, : by Charlotte A. Waite, Administratix, and : CHARLOTTE A. WAITE, mother of decedent : and ROLANDA TROTMAN, sister of decedent : and next of kin 10 Del.C. 3724 : : Plaintiffs, : : v. : : FIRST CORRECTIONAL MEDICAL, Inc : Dr. JOSE A. ARAMBURO, JR. M.D., : DR. SITTA GOMBEH-ALI,M.D. : COMMISSIONER STANLEY TAYLOR, : JOYCE TALLEY, BUREAU CHIEF, : : Defendants. :

C.A.No. 07-62

ANSWER BY TALLEY AND TAYLOR The defendants Joyce Talley and Stanley Taylor, by and through their attorney, answer the complaint as follows: 1. This is a legal contention for which no response is required.

2 - 6. Answering defendants are without sufficient information to form a belief to the truth of the paragraph. 7. Admitted that Stanley Taylor was the Commissioner of the

Department of Correction and signed the health service contract on the Department's behalf with First Correctional Medical- Delaware, LLC on or about June 17, 2002. It is denied that Stanley Taylor entered into a contract with FCM. As to the balance of the paragraph the contract documents speak for themselves.

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8.

Admitted that Joyce Talley is the Bureau Chief for the Bureau of

management services. The Bureau administers the health service contract and other contracts on behalf of the Department of Correction. The balance of the paragraph is denied. 9. Admitted that a number of medical venders, including First

Correctional Medical submitted and then presented a proposal responsive to Request for Proposal #2828. As to the balance of the paragraph, answering defendant is without sufficient information to form a belief to the truth of the paragraph. 10. Admitted that the health services contract with FCM-Delaware, LLC As to the balance of the paragraph, answering

commenced on July 1, 2002.

defendant is without sufficient information to form a belief to the truth of the paragraph. 11. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. The allegation regarding ultimate responsibility of contract performance is a legal contention for which no response is required. 12 - 21. Answering defendants are without sufficient information to form a belief to the truth of the paragraph. 22. This is an incorporation paragraph to which no response is required.

Admitted that as a department of the State of Delaware, all funds must be

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appropriated by the General Assembly in accordance with the Delaware Constitution. The balance of the paragraph is denied. 23. 24. Denied. The allegation regarding ultimate responsibility for contract

performance is a legal contention for which no response is required. The balance of the paragraph is incomprehensible. 25. 26. Denied. This paragraph contains assertions of fact that are directly Allegations of

inconsistent with allegations of wrongdoing in the first part. wrongdoing are denied. 27. Denied.

28 -32.

These paragraphs are not directed to answering defendant. First defense

33.

The complaint, in whole or in part, fails to state claim for which

relief could be granted. Second Defense 34. The Court lacks subject matter jurisdiction pursuant to the Eleventh

Amendment of the U.S. Constitution. Third Defense 35. The Court lacks jurisdiction under Article III, § 2, clause 2 of the

U.S. Constitution.

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Fourth Defense 36. The complaint should be dismissed, in whole or in part, as plaintiff

failed to properly exhaust his administrative remedies. Fifth Defense 37. The complaint should be dismissed as service of process was

improper or insufficient. Sixth Defense 38. The Court lacks personal jurisdiction over answering defendants and

the complaint should be dismissed. Seventh Defense 39. The matter is in whole, or in part, time barred under the appropriate

statute of limitation, or repose or by some administrative time requirement. Eighth Defense 40. The answering defendants are entitled to official and/or legislative

immunity and the matter should be dismissed. Ninth Defense 41. Any state law claims are barred by sovereign immunity and subject

to further limitations pursuant to 10 Del.C. § 4001 et seq. WHEREFORE, defendants Joyce Talley and Stanley Taylor request the Court grant judgment for all that is just and proper, to include dismissal of this suit with plaintiff to pay all costs.

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STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Marc P. Niedzielski Marc P. Niedzielski Bar I.D. 2616 Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8324 [email protected] Attorney for Talley and Taylor

DATED:

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ESTATE OF RONALD W. TROTMAN, Plaintiffs, v. FIRST CORRECTIONAL MEDICAL, Inc Defendants. : : : : : : : :

C.A.No. 07-62

CERTIFICATE OF SERVICE I, the undersigned, certify that on the date indicated I electronically served a copy of the attached document on the following: Jeffrey K. Bartels, Esquire 401 South Maryland Ave. Wilmington, DE 19804 [email protected]

/s/ Marc P. Niedzielski Marc P. Niedzielski Bar I.D. 2616 Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8324 [email protected] Attorney for Talley and Taylor DATED:

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