Free Motion for Partial Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

Document 146

Filed 01/17/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, Individually and in his official capacity as the Superintendent, Delaware State Police; et al. Defendants, ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1394-GMS

DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT, AS TO COUNTS TWO AND THREE OF THE AMENDED COMPLAINT COMES NOW, the above-captioned Defendants, by and through their counsel, and hereby move this Honorable Court to enter an Order granting Summary Judgment in their favor, and against Plaintiff, as to Counts Two and Three of Plaintiff's Amended Complaint in this matter, pursuant to Federal Rule of Civil Procedure 56(c), for the reasons set forth in the accompanying Opening Brief in Support of Defendants' Motion for Partial Summary Judgment. DEPARTMENT OF JUSTICE STATE OF DELAWARE By: /s/Stephani J. Ballard RALPH K. DURSTEIN, III (I.D. No. 912) STEPHANI J. BALLARD (I.D. No. 3481) Deputy Attorneys General Carvel State Office Building 820 North French Street Wilmington, DE 19801 (302) 577-8400 Attorneys for Defendants, MacLeish Mitchell and Division of State Police

Case 1:04-cv-01394-GMS

Document 146

Filed 01/17/2006

Page 2 of 3

LIGOURI, MORRIS & YIENGST

By: /s/ James E. Ligouri JAMES E. LIGOURI 46 The Green Dover, DE 19901 (302) 678-9900 Attorney for Defendant, L. Aaron Chaffinch

DATED: January 17, 2006

Case 1:04-cv-01394-GMS

Document 146

Filed 01/17/2006

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, Individually and in his official capacity as the Superintendent, Delaware State Police; et al. Defendants, ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1394-GMS

CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on January 17, 2006, she caused the attached, Defendants' Motion for Partial Summary Judgment, as to Counts Two and Three of the Amended Complaint, to be electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing to the following: Thomas S. Neuberger, Esq. Stephen J. Neuberger, Esq. Two East Seventh Street, Suite 302 Wilmington, DE 19801 /s/ Stephani J. Ballard Stephani J. Ballard, I.D. #3481 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302)577-8400 Attorney for Defendants MacLeish, Mitchell and State Police