Free Motion to Take Deposition - District Court of Delaware - Delaware

Case 1:07-cv-00025-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD F. BASS, Plaintiff, v. CORRECTIONAL OFFICER JORDAN, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 07-025-JJF Jury Trial Requested

DEFENDANT'S MOTION FOR LEAVE TO DEPOSE PLAINTIFF COMES NOW, Defendant Correctional Officer Jordan ("Defendant"), by and through his undersigned counsel, and hereby moves this Honorable Court (the "Motion") to enter an order, substantially in the form attached hereto, granting the Defendant leave to depose Plaintiff Donald F. Bass ("Bass" or "Plaintiff"). In support of the Motion, the Defendant states as follows: 1. Plaintiff, Bass is an inmate presently incarcerated at the James T. Vaughn

Correctional Center ("JTVCC") in Smyrna, Delaware. 2. this case. 3. 4. No scheduling order has been entered in this matter. Federal Rule of Civil Procedure 30(a) requires leave of the Court to Counsel for the Defendant wishes to depose Bass as part of discovery in

depose an incarcerated individual. 5. A form of order is attached to this Motion that grants Defendant's counsel

the right to depose Bass.

Case 1:07-cv-00025-JJF

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WHEREFORE, Defendant respectfully requests that this Honorable Court enter an order, substantially in the form attached hereto, granting the Motion for Leave to Depose Plaintiff Donald F. Bass.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the Defendant

Dated: August 14, 2008

-2-

Case 1:07-cv-00025-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD F. BASS, Plaintiff, v. CORRECTIONAL OFFICER JORDAN, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 07-025-JJF Jury Trial Requested

7.1.1 CERTIFICATE OF COUNSEL The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that she is, as a practical matter, unable to discuss the subject of this Motion with the Plaintiff because the Plaintiff is an incarcerated individual in a prison. Defense counsel assumes that the Plaintiff opposes the Motion. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the Defendant

Dated: August 14, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD F. BASS, Plaintiff, v. CORRECTIONAL OFFICER JORDAN, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 07-025-JJF Jury Trial Requested

ORDER Upon Defendant's Motion for Leave to Depose Plaintiff (the "Motion"); and it appearing that good and sufficient notice of the Motion has been given; and after due deliberation thereon: IT IS HEREBY ORDERED as follows: 1. 2. The Motion is GRANTED. Defendant is granted leave to depose the Plaintiff in this matter.

SO ORDERED this _________ day of ______________, 2008.

__________________________________________ The Honorable Joseph J. Farnan, Jr. United States District Court Judge

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on August 14, 2008, I caused a true and correct copy of the attached Defendant's Motion for Leave to Depose Plaintiff to be served on the following individual in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Inmate Donald F. Bass SBI # 187042 James T. Vaughn Correctional Center 1181 Paddock Road Smyrna, DE 19977

MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400