Free Motion for Sanctions - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

Document 141

Filed 01/17/2006

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IN THE UNITED STATES DISTRICT COURT 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; LIEUTENANT COLONEL THOMAS F. MACLEISH, individually and in his official capacity as the Deputy Superintendent, Delaware State Police; DAVID B. MITCHELL, individually and in his official capacity as Secretary of the Department of Safety and Homeland Security, State of Delaware; and DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE OF DELAWARE, Defendants.

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C.A.No.04-1394-GMS

PLAINTIFF'S MOTION FOR SANCTIONS AND OTHER RELIEF DUE TO DEFENDANTS' INTENTIONAL DESTRUCTION OF RELEVANT EVIDENCE

For the reasons stated in the accompanying Opening Brief, plaintiff Capt. Barbara L. Conley Moves that the Court issue an Order sanctioning defendants and finding that (1) Defendants intentionally destroyed relevant evidence to prevent plaintiff from gaining access to it and using it in her Court case. As a result, default judgment shall be entered against defendants on all of plaintiff's claims for liability. A trial on damages shall be ordered.

Case 1:04-cv-01394-GMS

Document 141

Filed 01/17/2006

Page 2 of 4

Respectfully Submitted, THE NEUBERGER FIRM, P.A. /s/ Stephen J. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, DE 19801 (302) 655-0582 [email protected] [email protected] Dated: January 17, 2005 Attorneys for Plaintiff

LOCAL RULE 7.1.1 STATEMENT Counsel certifies that he contacted defense counsel to determine their position on this motion. Defense counsel indicated that no sanctions were necessary because no evidence had been destroyed.

/s/ Stephen J. Neuberger STEPHEN J. NEUBERGER, ESQ.

Case 1:04-cv-01394-GMS

Document 141

Filed 01/17/2006

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT 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; LIEUTENANT COLONEL THOMAS F. MACLEISH, individually and in his official capacity as the Deputy Superintendent, Delaware State Police; DAVID B. MITCHELL, individually and in his official capacity as Secretary of the Department of Safety and Homeland Security, State of Delaware; and DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE OF DELAWARE, Defendants.

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C.A.No.04-1394-GMS

ORDER This ______ day of _________________, 2006, the Court hereby sanctions defendants and Orders that a default judgment be entered against them on Counts I-III of plaintiff's First Amended Complaint.

_________________________________________ THE HONORABLE GREGORY M. SLEET

Case 1:04-cv-01394-GMS

Document 141

Filed 01/17/2006

Page 4 of 4

CERTIFICATE OF SERVICE I, Stephen J. Neuberger, being a member of the bar of this Court do hereby certify that on January 17, 2006, I electronically filed this Motion with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

Ralph K. Durstein III, Esquire Department of Justice Carvel State Office Building 820 N. French Street Wilmington, DE 19801 James E. Liguori, Esquire Liguori, Morris & Yiengst 46 The Green Dover, DE 19901

/s/ Stephen J. Neuberger STEPHEN J. NEUBERGER, ESQ.

Conley/ Pleadings / Motion for Sanctions for Spoliation