Free Motion for Extension of Time to File Response/Reply - District Court of Delaware - Delaware

Case 1:06-cv-00001-GMS

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Filed 11/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES W. RILEY, PLAINTIFF, V. STANLEY TAYLOR, THOMAS CARROLL, DAVID PIERCE, AMY MUNSON, MEDICAL ASSISTANT MALANEY, CORRECTIONAL MEDICAL SYSTEMS and FIRST CORRECTIONAL MEDICAL, DEFENDANTS. ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 06-001 GMS TRIAL BY JURY DEMANDED

MOTION OF DEFENDANTS, MEDICAL ASSISTANT MALANEY AND CORRECTIONAL MEDICAL SERVICES, INC., FOR AN EXTENSION OF TIME TO RESPOND TO THE COURT'S OCTOBER 27, 2006 ORDER Defendants, Medical Assistant Malaney and Correctional Medical Services, Inc. ("CMS"), improperly named Correctional Medical Systems, through their undersigned counsel, hereby move this Honorable Court to enter the attached Order, granting them an extension of time until November 14, 2006 in which to respond to the Court's October 27, 2006 Order and, in support thereof, aver as follows: 1. On October 26, 2006, this Court entered an Order whereby the parties were to

advise the Court in writing, no later than one week from the date of the Order, whether Plaintiff has received the sneakers that were ordered by at least 2005 and whether Plaintiff underwent the eye consultation as ordered in January 2005. 2. Pursuant to F.R.C.P. 6(a), when the period of time allowed is less than 11 days,

intermediate Saturdays and Sundays shall be excluded from the computation. Since a response is

Case 1:06-cv-00001-GMS

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due within one (1) week (seven days) from the Court's October 27, 2006 Order, the response from moving defendants is due on November 7, 2006. 3. Moving Defendants are currently investigating the issues set forth by the Court

and, in order to adequately do so, require additional time. The sneakers and eye consultation have been ordered; however, in order to provide an accurate and complete response, medical records are being obtained. WHEREFORE, Defendants, Medical Assistant Malaney and Correctional Medical Service, respectfully move this Honorable Court to enter the attached Order, granting them an extension of time until November 14, 2006 in which to respond to the Court's October 27, 2006 Order.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

BY:

/s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Medical Assistant Malaney and Correctional Medical Services, Inc.

DATED: November 6, 2006
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Case 1:06-cv-00001-GMS

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CERTIFICATE OF SERVICE I, Kevin J. Connors, hereby certify that a copy of the MOTION OF DEFENDANTS, MEDICAL ASSISTANT MALANEY AND CORRECTIONAL MEDICAL SERVICES, INC., FOR AN EXTENSION OF TIME TO RESPOND TO THE COURT'S OCTOBER 27, 2006 ORDER has been served by electronic mail and first class mail upon the following:

Ophelia M. Waters, Esquire Department of Justice 820 N. French Street, 8th Floor Carvel State Office Building Wilmington, DE 19801 James W. Riley SBI #169716 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

BY:

/s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Medical Assistant Malaney and Correctional Medical Services, Inc.

DATED: November 6, 2006
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