Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:07-cv-00031-GMS

Document 123

Filed 06/04/2008

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. FIRST CORRECTIONAL MEDICAL, ET AL, Defendants. -----------------------------------------------------) ) ) ) ) ) ) )

Case No. 07-031 GMS JURY TRIAL DEMANDED

DEFENDANTS CORRECTIONAL MEDICAL SERVICES, INC., GINA WOLKEN AND DR. NIAZ'S OPPOSITION TO PLAINTIFF'S WITHDRAWAL OF LETTER AND RULE TO ORDER TO SHOW CAUSE1 (D.I . 121) Defendants, Correctional Medical Services, Inc., Gina Wolken, and Dr. Niaz (collectively, "Respondents"), by and through their undersigned counsel, hereby oppose the Plaintiff's request for an "Order to Show Cause why the Court shouldn't issue relief of Plaintiff's Motion for Default Judgment . . ." (D.I. 121) In opposition to the relief requested, Respondents state as follows: 1. In Plaintiff's recent filing, he requests the withdrawal of a letter from him to

Respondents' prior counsel dated April 17, 2008 (D.I. 103), which is also the subject of a Motion to Strike filed by Respondents' prior counsel. (D.I. 106, amended at D.I. 108, 109) In practical terms, Plaintiff's offer of "withdrawal" amounts to a lack of opposition to that Motion to Strike which, accordingly, should be granted. 2. Plaintiff's recent filing also appears to request the Court order Respondents to "show

cause" why his Motion for Default (D.I. 66) should not be granted. Respondents timely filed

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Neither Gina Wolken, nor Dr. Niaz, has properly been served with process yet. Accordingly, they reserve all defenses and do not waive service by filing this opposition to Plaintiff's Motion.

Case 1:07-cv-00031-GMS

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their Response to Plaintiff's Motion (D.I. 67) and rely on the arguments asserted therein as grounds sufficient to show adequate cause why the Plaintiff's Motion should not be granted. BALICK & BALICK L.L.C.

/s/ James E. Drnec James E. Drnec (DE Bar # 3789) 711 King Street Wilmington, DE 19801 (302) 658-4265 Attorneys for Correctional Medical Services, Inc., Gina Wolken and Dr. Niaz Date: June 4, 2008

Case 1:07-cv-00031-GMS

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CERTIFICATE OF SERVICE I, James Drnec, hereby certify that on the 4th day of June 2008, the foregoing Defendants, Correctional Medical Services, Inc., Gina Wolken, and Dr. Niaz's Opposition to Plaintiff's Withdrawal of Letter and Rule to Order to Show Cause and was filed via CM/ECF and served upon the following via electronic service or first class mail: Catherine C. Damavandi Department of Justice 820 N. French St. Wilmington, DE 19801 William Joseph Webb, Jr. SBI #256056 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

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