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

Case 1:06-cv-00734-GMS

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Filed 05/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. MINNER, et. al., Defendants. ) ) ) ) ) ) ) ) )

C. A. No. 06-734-GMS JURY TRIAL REQUESTED

DEFENDANT RAPHAEL WILLIAMS' MOTION FOR LEAVE TO DEPOSE PLAINTIFF

Defendant Raphael Williams, by and through their undersigned counsel, respectfully requests this Honorable Court to enter an Order granting Defendant's counsel the right to depose Plaintiff William Joseph Webb, Jr. ("Plaintiff Webb"), an incarcerated individual. In support thereof, counsel submits as follows: 1. Plaintiff Webb is an inmate incarcerated at the Delaware Correctional Center in

Smyrna, Delaware. 2. Counsel for the Defendant wishes to depose Plaintiff Webb as part of discovery in

this case. No discovery deadline has been set. 3. individual. 4. A form of order is attached to this Motion that grants Defendant's counsel the Fed. R. Civ. P. 30(a)(2) requires leave of the Court to depose an incarcerated

right to depose Plaintiff Webb. WHEREFORE, Defendant Raphael Williams respectfully requests that this Honorable Court grant this Motion for Leave to Depose Plaintiff William J. Webb, Jr.

Case 1:06-cv-00734-GMS

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STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi Deputy Attorney General, ID #3823 Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Raphael Williams DATE: May 14, 2008

Case 1:06-cv-00734-GMS

Document 36

Filed 05/14/2008

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. MINNER, et. al., Defendants. ) ) ) ) ) ) ) ) )

C. A. No. 06-734-GMS JURY TRIAL REQUESTED

7.1.1 CERTIFICATE OF COUNSEL The undersigned counsel hereby certify, pursuant to Local Rule 7.1.1, that: 1. Plaintiff William J. Webb, Jr. is currently incarcerated and it is not practical for undersigned counsel to communicate with him concerning Defendant's Motion for Leave to Depose Plaintiff. 2. Therefore, the undersigned counsel assumes that the Motion is opposed.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi Deputy Attorney General, ID #3823 Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Raphael Williams

DATE: May 14, 2008

Case 1:06-cv-00734-GMS

Document 36

Filed 05/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. MINNER, et. al., Defendants. ) ) ) ) ) ) ) ) )

C. A. No. 06-734-GMS JURY TRIAL REQUESTED

CERTIFICATE OF SERVICE I hereby certify that on May 14, 2008, I electronically filed Defendant's Motion For Leave to Depose Plaintiff William J. Webb, Jr. with the Clerk of Court using CM/ECF. I further certify that on May 14, 2008, I caused the within document to be mailed by United States Postal Service to the following non-registered party: William Joseph Webb, Jr. SBI #256056 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ Catherine Damavandi Deputy Attorney General, ID #3823 Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Raphael Williams

Case 1:06-cv-00734-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. MINNER, et. al., Defendants. ) ) ) ) ) ) ) ) )

C. A. No. 06-734-GMS JURY TRIAL REQUESTED

ORDER This day of , 2008,

WHEREAS, Defendant having requested leave to depose Plaintiff William J. Webb, Jr. pursuant to Fed. R. Civ. P. 30(a); and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that Defendant's Motion for Leave to Depose Plaintiff shall be granted and Defendant shall have the right to depose Plaintiff William J. Webb, Jr.

___________________________ The Honorable Gregory M. Sleet Chief Judge, U.S. District Court