Free Motion for Reargument - District Court of Delaware - Delaware

Case 1:85-ov—00053-LFS Document 195 Filed 06/20/2008 Page 1 of 3
J » 0 N L
R I GI A "
Zillll JUN 20 PH Lt: Q]
UNITED STATES DISTRICT COURT 5
FOR THE DISTRICT OF DELAWARE
Iames L. Martin, plaintiff : Civil Action No. 85-00053-LS
v. : Iury Trial Demanded
Delaware Law School of Widener University, Inc., Commonwealth of
Pennsylvania Department of Transportation, Bureau of Traffic Safety
Operations, et. al., defendants
Plaintiffs Motion for Reargument of Motion to Reopen
l, Iames L. Martin, certify the following statements to be true to the best
of my knowledge and information this 20th day of June 2008, and further
certify that they are made under oath in accord with 28 USC Sec. 1746:
1. The decision of 6-6-08 is based on a recitation of facts specifically
labelled “Background," from paragraphs 5 through 33, which is the end of the
factual section. The background was included to provide the history of this
matter, because Iudge Farnan, although he continues to preside over cases in
Delaware, and although he would be continuing with this case as well in
view of his assignment to it for the first several years, was disqualified for
blatant conflict of interest years after it was filed.
2. As noted in the Motion, the particular event that led to the Motion
to Reopen did not occur until 5-24-07, when I asked for the renewal of my

l I Case 1 :85-cv—00053-LFS Document 195 Filed 06/20/2008 Page 2 of 3
driver’s license at the Delaware Division of Motor Vehicles, which was put
on a temporary permit despite my nearly 40 years of good driving.
3. The fact that judge Farnan was recused under the circumstances
previously recited speaks to the merit of the underlying reasons cited for his
disqualification, and at the same time, debunks any claims about their being
frivolous.
4. A hearing on 10-9-07, in New Iersey, may also relate to this case
insofar as the transcript, just issued on 6-9-08, is certified as a ”compressed"
transcript. In fact, the transcript was truncated, so that only the introduction
for the hearing was transcribed.
5. As with the matter at bar, the State of New lersey told the presiding
judge it is an "unusual situation"
6. The contents of the entire transcript will be made available as soon as
they are issued. The cover page correctly reads: “TRANSCRIPT ORDERED
BY: SENATE, STATE OF DELAWARE, Legislative Hall, Dover, Delaware
19903."
WHEREFORE, this Motion for Reargument should be granted.
DATED: lune 20, 2008
BY:-~.lm;m.t;r-1L?.4LPéli:rZi2lt .......__
]ames L`. Martin, attorney; 05 W. 21st St..; Wilmington, DE 19802-3818
._e—mail MARTIN]IML@aol-com (302) 652-3957
2

Case 1 :85-cv—00053-LFS Document 195 Filed 06/20/2008 Page 3 of 3
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
james L. Martin, plaintiff : Civil Action No. 85-00053-LS
v. : ]ury Trial Demanded
Delaware Law School of Widener University, Inc., Commonwealth of
Pennsylvania Department of Transportation, Bureau of Traffic Safety
Operations, et. al., defendants
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of Plaintiffs
Plaintiffs Motion for Reargument of Motion to Reopen upon the remaining
opposing counsel of record for the defendants at the following address:
Somers Price, ]r., Esq.; POTTER, ANDERSON Sr CORROON; P. O. Box
951; Wilmington, DE 19899
by first-class, postage prepaid mail this 20th day of ]une 2008.
BY: Q 1L*r>;¤$2J_-¤fZ.fl£gcuI:tAi. ...._.............._.
Iames artin, attorney; 05 W. 21st St.; Wilmington, DE 19802-3818
3 2) 652-3957 email MARTlN][email protected]