Free Motion for Leave to File - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DANIEL MALDONADO, Plaintiff, v. FIRST CORRECTIONAL MEDICAL, INC., CORRECTIONAL MEDICAL SERVICES, INC., DR. JOSE A ARAMBURO, JR., M.D., DR. SITTA GOMBEH-ALIE, M.D., STANLEY TAYLOR, and JOYCE TALLEY, Defendants. : : : : : : : : : : : : : : :

C.A. No. 07-063 MPT

CORRECTIONAL MEDICAL SERVICES, INC. AND DR. ALIE'S MOTION FOR LEAVE TO FILE CROSS CLAIMS AND THIRD PARTY COMPLAINT Defendants Correctional Medical Services, Inc. ("CMS") and Dr. Alie (collectively "Movants"), by and through their undersigned counsel of record, hereby move for leave to file cross claims and a third party complaint and states as follows: 1. Plaintiff Daniel Maldonado has filed the above-captioned action against, inter alia, CMS

and Dr. Alie, alleging violation of constitutional rights. (D.I. 1) Plaintiff also named First Correctional Medical, Inc. as a defendant. (Id.) 2. From July 1, 2002 through June 30, 2005, First Correctional Medical ("FCM") held the

contract to provide medical services for inmates in the Delaware prison system through its wholly-owned subsidiary, First Correctional Medical­Delaware, LLC ("FCMDe") From July 1, 2005 to the present, CMS has held the contract to provide medical services for inmates in the Delaware prison system. The Plaintiff has alleged injuries arising from provision of medical care

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beginning in November, 2004 through the date the Complaint was filed, January 27, 2007. (D.I. 1) 3. Because CMS was not responsible for Plaintiff's medical care prior to July 1, 2005, CMS

seeks to cross-claim against FCM for contribution and indemnification. Because FCMDe was not named as a party by Plaintiff, CMS seeks to add FCMDe as a third party defendant for purposes of contribution and indemnification. Unless CMS's Motion is granted, it may end up carrying costs that should be borne by FCM and/or FCMDe. 4. As a condition of Dr. Alie's employment with FCM and/or FCMDe, those entities were

obligated to provide defense and indemnification for claims arising from her employment such as those in the above-captioned action. Accordingly, Dr. Alie seeks to add her cross-claim against FCM for defense and indemnification and to add a third party claim against FCMDe because Plaintiff did not add it as a party. Unless Dr. Alie's Motion is granted, she may end up individually financially liable for any portion of an award or settlement attributable to the period before CMS took over the contract. 5. If this Motion is not granted, FCM and FCMDe may enjoy improper windfall and unjust

enrichment by avoiding financial responsibility and the Movants will end up carrying more than their share of the defense costs and any award. The addition of these claims will not prejudice Plaintiff. WHEREFORE, for the foregoing reasons, Correctional Medical Services, Inc. and Dr. Alie respectfully request entry of an order granting this Motion and allowing them to file the Crossclaims/Third Party Complaint which is attached hereto as Exhibit "A".

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BALICK & BALICK, LLC

/s/ James E. Drnec James E. Drnec, Esquire (#3789) 711 King Street Wilmington, Delaware 19801 302.658.4265 Attorneys for Defendants Correctional Medical Services, Inc. and Dr. Sitta Gombeh-Alie Date: June 9, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DANIEL MALDONADO, Plaintiff, v. FIRST CORRECTIONAL MEDICAL, INC., CORRECTIONAL MEDICAL SERVICES, INC., DR. JOSE A ARAMBURO, JR., M.D., DR. SITTA GOMBEH-ALIE, M.D., STANLEY TAYLOR, and JOYCE TALLEY, Defendants. : : : : : : : : : : : : : : :

C.A. No. 07-063 MPT

ORDER AND NOW, this day of , 2008, the Court having

considered Correctional Medical Services, Inc. and Dr. Alie's Motion for Leave to File Third Party Complaint, and all opposition thereto, it is hereby ordered that the Motion is GRANTED.

J.

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CERTIFICATE OF SERVICE I, James Drnec, hereby certify that on the 9th day of June 2008, the foregoing Motion for Leave to File Third Party Complaint was filed via CM/ECF and served upon the following:

Jeffrey K. Bartels, Esquire 401 South Maryland Avenue Wilmington, DE 19804 Marc P. Niedzielski, Esquire Department of Justice 820 N. French St. Wilmington, DE 19801

/s/ James E. Drnec James E. Drnec, Esquire (#3789)