Free Motion to Reopen Case - District Court of Delaware - Delaware

0*., Case 1:85-ov—00053-LFS Document 187 Filed 07/24/2007 Page 1 of 4
QURIGINAL 2.
I
v-K
n UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
James L. Martin, plaintiff : Civil Action No. 85-00053-]]]*
v. : Iury Trial Demanded
Delaware Law School of Widener University, Inc., Commonwealth of
Pennsylvania Department of Transportation, Bureau of Traffic Safety s
Operations, et. al., defendants
Plaintiffs Rule 60(b)(4)(5), or (6) Motion to Reopen, with proposed Order . .
I · L Iames L. Martin,move to reopen pursuant to Rule this 24th day of
Iuly 2007, for the following reasons:
1. Rule 60(b) provides several provisions to warrant reopening:
”On motion and upon such terms as are just, the court may relieve a party or
_ a party's legal representative from a final judgment, order, or proceeding for i
the following reasons: . . , (4) the judgment is void; (5) . . . it is no longer
equitable that the judgment [from Iudge Farnan] should have prospective
( application; or (6) any other reason justifying relief from the operation of the
judgment"
2._The grounds for reopening this case are not restricted or limited to
the one—year period that applies to motions based on subsections (1), (2), or (3).
3. On 5-24·07, I asked for the renewal of my driver's license at the
Delaware Division of Motor Vehicles.
4. Despite my good driving record ever since I was licensed, in May
1969, the clerk refused to renew my license, based on the documented

'* "‘ b Case 1 :85-cv—00053-LFS Document 187 Filed 07/24/2007 Page 2 of 4
misconduct ofthe parties to this case, and not corrected despite the passage of
more than twenty-five (25) years. The sixty-day ”temporary driver license,"
has now expired.
5. According to my car insurance representative, my policy may lapse if
the abuses recited in the underlying action are left unremedied.
n Additions reasons are in the accompanying Memorandum.
WI-IEREFORE, I request that this motion to reopen be granted.
BY:- A .. ii.//{mi/AEA ...._.___..
A ]ames artin, attorney; 805 W. 21st St"; Wilmington, DE 1980243818
e—mail MARTlN][email protected] (302) 6526957
2

‘° Case 1 :85-cv—00053-LFS Document 187 Filed 07/24/2007 Page 3 of 4
UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE
]ames L. Marlin, plaintiff ‘ : Civil Action No. 85-00053-]]F
v. : Iury Trial Demanded I
Delaware Law School of Widener University, Inc., Commonwealth of
I Pennsylvania Department of Transportation, Bureau of Traffic Safety
Operations, et. al., defendants
· ORDER I
_ Upon consideration of the Plaintiffs Rule 60(b)(4)(5), or (6) Motion to
Reopen, and supporting Memo, of any opposition(s),
IT IS ORDERED that the Motion is granted. The Clerk shall schedule
this case for a pretrial conference.

~»· ° Case 1 :85-cv—00053-LFS Document 187 Filed 07/24/2007 Page 4 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
james L. Martin, plaintiff : Civil Action No. 85-00053-jjF
v. : jury 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 _.
Ihereby certify that I served a true and correct copy of Plaintiff's Motion
to Reopen with proposed Order upon opposing counsel of record for the
defendants at the following addresses: ’
Somers Price, jr., Esq.; POTTER, ANDERSON 8: CORROON; P. O. Box
951; Wilmington, DE 19899;
A. Taylor Williams, Esq.; Adm. Office of the PA Courts; Suite 1414;
1515 Market St.; Phila., PA 19102; ·
Gwendolyn T. Mosley, DAG; Office of the AG; Litigation Section; 15th
Floor; Strawberry Square; Harrisburg, PA 17120;
Robert B. Young, Esq.; YOUNG 5: MCNELIS; P. O. Box 1191; 300 S. State
St.; Dover, DE 19903;
Stuart B. Young, Esq.; 1705 N. Bancroft Pky; Wilmington, DE 19806; and
on
F. Alton Tybout, Esq.; TYBOUT, REDFEARN & PELL; 750 S. Madison
St., Suite 400; Wilmington, DE 19899-2092. ‘
by first-class, postage prepaid mail this 24th day of july 2007.
BY: ...~.................._
‘ james Martin, attorney, 805 21st St.; Wilmington, DE 19802-3818
02) 652-3957 email [email protected]