Free Motion to Strike - District Court of Delaware - Delaware

* Case 1 :07-cv-00031-GIVIS Document 28 Filed 07/19/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLLAM JOSEPH WEBB JR., §
Plaintiff; § Civ. Act. N0. : 07-31-GMS
§
V_ § ’ _ .!__:__• I __}
§ F l L E D
FIRST CORRECTIONAL MEDICAL,` § _ "A ` " " I l` J ‘ ‘ ‘ E
ET`Miiuuuu.tuu. g JUL 19 ZW]?
MOTION TO STRIKE “STA'I`E DEFENDANTS’ ANSWER T
(Pursuant to Fed. Rules Or ciuu emu. Rule l2 r .
Comes now, Plaintiff, William Joseph Webb Jr. acting Pro Se respectfully requestingpiiieg ourt to
Strike the Answer to the Complaint filed by State Defendants "Minner" and "Taylor" via their attorney,
Eileen Kelly for the following good cause shown:
l. The answer to the complaint was not properly served on all remaining defendants.
2. When filing paperwork whether by mail or e—filing, proper certificate of service shall be made
to all parties or be subject to be stricken from the record as a nonconforming document in
violation of all applicable civil rules. (Memorandum Order May 7, 2007, at page 3
paragraph 6.)
3. A nonconforming document that is filed shall be stricken from the record until the proper
procedure for filing said document is filed. (Memorandum Order May 7, 2007, at page 3
paragraph 6.)
4. The acting attorney has not shown any good or justifiable reason for her failure to not have
served the proper amount of copies to the remaining defendants "FCM”, “Dr. Niaz",
"Wolken", and “Dr. Ali", since the other defendants are J ane/J ohn Does it was not necessary.
(Memorandum Order May 7, 2007, at page 3 paragraph 6.)
5. Furthermore, the Attorney of Record for "CMS" has not stated if it is representing any of the
other defendants that worked for "CMS" at the relevant times listed in the complaint.

* Case 1:07—cv—00031-G|\/IS Document 28 Filed 07/19/2007 Page 2 of 4
6. The Plaintiff has shown good cause to strike the Answer to the Complaint filed by defendants
“Minner" and "’Taylor" via their attorney, Eileen Kelly.
RELIEF REQUESTED:
Due to the failtue of Eileen Kelly to properly serve notice to all defendants as stated in the
Memorandum Order dated May 7, 2007, at page 3 paragraph 6 in the instant subject matter,
Plaintiff respectfully requests that His Motion to Strike be granted for all the good cause shown and
a default judgment be entered against defendants "Minner" and "Taylor.” Also, any other orders
of relief the Plaintiff may be entitled to including but not limited to compensation, an automatic
n summary judgment in His favor entitling Him to monetary relief, as well as, declatory and/or
injunctive relief, along with any relief the Court may deem appropriate in this matter.
Respectfully Submitted,
Dated: J uly 16, 2007
William Joseph Webb Jr.
#256056/ D/E F17T
1181 PADDOCK ROAD
SMYRNA, DE 19977
- 2 -

I E Case 1:07—cv—00031-Gl\/IS Document 28 Filed 07/19/2007 Page 3 of 4
i
* _ .
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Certificate of Service
I, William J. Webb Jr. hereby certify that I have served a true and correct
copy(ies) of the attached Motion upon the following parties! persons:
To: Eileen Kelly To: Th/,, wu/M"`?}/l»J
_ An
Dept. of Justice _ J
OH /%*;*2., .
820 North French St. if W
W`lmington, DE 19801 {Ml #/*46 ,- ·
· / Z, /77 2/Z
To: Megan Trocki Mantzavinos To:
& Ryan M. Ernst
913 Market Street, #800
Wilmington, DE 19801
T¤= Hrs/L C’0rr··»/n;~»»··r./ /W6/l2"~‘{ T¤=
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BY PLACING IN A SEALED ENVELOPE, and depositing same in the United States Mail
at the Delaware Correction Center, Smyrna, DE 19977.
/6
On this Iéth day of July, 2007
. -.6 '
..._.....
William J. Webb Jr.
siax # 256056

Case 1 :07—cv—00031-GIVIS Document 28 Filed 07/19/2007 Page 4 014
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