Free Motion for Order to Show Cause - District Court of Delaware - Delaware

Case 1 :07-cv—OOO34-SLR Document 8 Filed O2/22/2007 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF DELAWARE
i _Q.Z;3 V SL E
DAVID I. BUCHANAN, g Civ. N Z' i

l
BARBARA H. BUCHANAN g sos L. aosrusorv A6
Attorney Thomas E. Gay, Esquire ) U·S· DRIRICIJUDGE Im
)
MOTION TO SHQW CAUSE CONTEMPT
COMES NOW, David I. Buchanan with aM0ti0n t0 Show Cause Contempt,
pursuant to 28a U.S.C Rule 86.2, and 28a U.S.C. Rule 45(e), and for the following
reasons, request relief from the U.S. District Court District of Delaware.
1. Counsel for Barbara H. Buchanan, Thomas E. Gay, Esquire, has filed by and
through his attorney Scott Shannon, Esquire, aM0ti0n to Quasi: Subpoena captioned for
Court Case No. 06-711-SLR in response to a Subpoena served on Thomas E. Gay,
Esquire, to produce copies of records subject to Case No. 07-cv-34-SLK where such
motion interferes with procedural due process of law afforded David J. Buchanan in
matters before the court in Case No. O7—cv-34-SLR.
2. Thomas E. Gay, Esquire, has failed to give adequate excuse to not obey a
Subpoena pursuant to 28a U.S.C Rule 86.2, and 28a U.S.C. Rule 45(e).
3. David J. Buchanan is attempting to avail himself of a remedy provided by law,
which is dependant on Mr. Gay’s performance requested by subpoena, where collateral
damage to Mr. Buchanan’s interest extends beyond that of the case captioned, and puts
value on damages due to Mr. Gay’s non-performance equivalent to loss of absolute right.
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Case 1 :07-cv—OOO34-SLR Document 8 Filed O2/22/2007 Page 2 of 4
4. Subpoena served in accordance with rules of the court, is not subject to quash
without adequate excuse, and where the person for which the subpoena is served upon is
an attorney within the jurisdiction of the Court, then any failure to obey such subpoena is
cause for contempt affording disciplinary action including but not limited to
incarceration.
5. Motion to Quash Subpoena filed by Thomas E. Gay, fails to give proper service
of motion to parties of Civ. No. 07-cv-34—SLR, and should be denied by the Court.
WHEREFORE, The above captioned Plaintiff, David J. Buchanan, hereby requests
the Court consider the foregoing Motion to Show Cause Comempt, the unwillingness of
Mr. Gay’s party to provide discovery, and the underlying actions by Mr. Gay, bringing
the above captioned case to the U.S. District Court, and Order Mr. Gay in CONTEMPT.
2,,%
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Dated: February 20, 2007 David; . Buchanan
34806 Hudson Road
Laurel, Delaware 19956
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E Case 1 :O7¥c\7—OOO34¥SLF{ `T Document 8 Filed O2/22/2007 Page 3 of 4
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IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF DELAWARE
5
DAVID J. BUCHANAN, ) Civ. No. 07-Cv—34—SLR
)
)
v. )
)
BARBARA H. BUCHANAN )
Attorney Thomas E. Gay, Esquire )
)
ORDER
IT IS ORDERED, on this day of , 2007, upon consideration of
Plaintiff s Motion to Show Cause Contempt, and that Thomas E. Gay, Esquire, openly
rehises to provide discoveiy. It is Ordered that Thomas E. Gay, Esquire be held in
Contempt of Court for failure to comply with Subpoena, and be incarcerated until he
Complies with discoveiy.
The Honorable Sue L. Robinson
United States District Court Judge
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Case 1:07-cv—O0O34-SLR Document 8 Filed O2/22/2007 Page 4 of 4
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY, That I mailed on the 20th day of February, 2007, a true
and correct copy of the foregoing, Motion to Show Cause Contempt, via United States
Mail, postage pre-paid to the following persons:
TO: "1\/lartin J. Weis, Esquire t/Joseph S. Shannon
P.O. Box 1031 P.O. Box 8888
Wilmington, DE 19801 Wilmington, DE 19899
(Attorney for Ms. Gibbons) (Attorneys Mr. Gay)
if John A. Elzufon, Esquire, and .`·~ Thomas Vecchio, Esquire, and
Jennifer L. Story, Esquire James J. Rodgers, Esquire, at
300 Delaware Ave., Suite 1700 Dilwoith Paxson, LLP
P.O. Box 1630 3200 The Mellon Bank Center
Wilmington, DE 19899-1630 1735 Market Street
(Attorneys for Ms. Gay) Philadelphia, PA 19103
(Attorneys for Ms. Gibbons)
t/Linda Carmichael, Esquire ~’ John F. Brady, Esquire
Department of Justice 10 E. Pine Street
Carvel State Office Building, 6th Floor Georgetown, DE 19947
820 North French Street
Wilmington, DE 19801
V James B. Tyler, IH, Esquire
211E. Market Street
Georgetown, DE 19947
avid . Buchanan,
34806 Hudson Road
Laurel, DE 19956
302 875 -1362
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