Free Motion to Compel - District Court of Delaware - Delaware

Case 1 :05-cv-00881-SLR Document 14 Filed 10/25/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWINA HARTUNG, :
Plaintiff,
v. C.A. No.: 05-881 SLR
FIRST STATE DINING CORP. d/b/a JURY TRIAL DEMANDED
GATOR’S SPORTS BAR, :
4 Defendant.
PLAINTIFF’S MOTION TO COMPEL
NOW COMES Plaintiff, who moves pursuant to F.R.Civ. Pro 37, for an order compelling
the Defendant to produce its owner Jeff Sorrels for deposition and to extend the discovery cutoff
in the Scheduling Order to December 3l$‘, 2006. The grounds for this Motion are as follows:
l. Plaintiff has repeatedly requested that Jeff Sorrels, the owner of the Defendant, who is
one of the individuals who it is alleged sexually harassed the Plaintiff, be produced so that his
deposition could be taken prior to the current discovery cut-off of November 1, 2006. Plaintiff
attaches a letter of October 10, 2006 requesting such production following a verbal request to the
same effect. Exhibit A.
2. Plaintiff also requested that she be provided the location of Will Speverer so that his
deposition could be taken as well. The former co—ovvner of the Defendant, Dean Russo, is
apparently deceasedld,
3. In addition, Interrogatories and a Request for Production of documents have not been
responded to, which was tiled on October 2, 2006. A
4. The above information and discovery needs to be conducted and the attorney for the

Case 1:05-cv-00881-SLR Document 14 Filed 10/25/2006 Page 2 of 3
Defendant advised that he was not obtaining cooperation from his client and was not ignoring our
requests for the discovery.
5. Pursuant to F.R.Civ. Pro. 37 and D.Del. LR 7.1.1, this is to certify that Movant has in
good faith conferred or attempted to confer with the Defendant in an effort to secure the
disclosure and discovery without court action.
6. Plaintiff and Defendant have attempted to settle the case and engaged in mediation.
Contemporaneous with this motion, Plaintiff s counsel received from Defendant’s counsel a
letter submitting an offer to settle. That offer will not be accepted but Plaintiff requests that the
discovery cut-off of November 1, 2006 be extended to December 31, 2006 so that the aforesaid
discovery can be conducted and the parties can continue to discuss settlement.
7. An order extending the discovery cut-off as requested will not impact the other dates
in the Scheduling Order.
NOW THEREFORE, Plaintiff prays that the Court enter an order requiring the
Defendant to appear for deposition and answer the pending discovery. Plaintiff prays further for
an Order extending the discovery cut-off to December 31, 2006.
Respectfully submitted,
RIC ARD R. WIER, JR.P.A.
Two Mill Road, Suite 00
Wilmington, DE 19806 _
DATE: October 25, 2006

J ' d 10/25/2006 P8Q€ 3 Ol 3
Case 1 :05-cv-00881-SLR Document 14 File
~“MMd RICHARD R. WIER, JR., P.A.
ATTORNEY AT LAW
RICHARD R' MER' `m'* 1wo MILL norm, sums 200 (302) 888_J222
%—"` W'ILMING'I`ON, DEL.·\W;\RE I9806 FAX (302) 8884225
DANIEL w. SCIALPI
www.WlerIaw.com
[email protected]
_ *ALS0 ADMITTED IN PA [email protected]
October 10, 2006
VIA FACSIMILE (302)888—0606
AND FIRST CLASS MAIL
James S. Green, Sr.
Seitz, Van Ogtrop & Green, P.A.
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899
Re: Edwina Hartung v. First State Dining Corp. d/b/a Gator’s Sports Bar
C.A. N0. 05-881 SLR
Dear Jim:
I had called your office awhile back asking for you to give me a call so that we could
discuss dates for depositions in the above captioned matter, since discovery cutoiT is coming up.
I suspect that we probably need to request an extension of the discovery cutoff but in any event I
had asked you to give me the whereabouts and location of the former employees and witnesses
and your client so that I could take Mr. Russo’s deposition and the depositions of Will Speverer
and JeiT Sorrells.
Would you please give me a call and let me know when your client would be available to
be deposed this month and also, whether you will produce and/or you will let me know about the
location of the above individuals.
Very truly yours,
Rich Wier, Jr.
RRWjr:jt
cc: Edwina Hartung