Free Motion to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv-01383-SLR

Document 17

Filed 06/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GERRON MAURICE LINDSEY, Plaintiff, v. LT. RISPOLI, C/O MOORE, C/O VICTOR GONZALEZ, SGT. CARPENTER, C/O MANNO, C/O TERRY, NURSE HOLLY, and NURSE BRENDA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1383-SLR

STATE DEFENDANTS' MOTION FOR LEAVE TO DEPOSE PLAINTIFF

COMES NOW the State Defendants Lieutenant Marcello Rispoli, Corrections Officer Marshall Moore IV, Corrections Officer William Terry, Corrections Officer Victor Gonzalez, Sergeant Stephanie Carpenter, and Corrections Officer Donna Manno ("State Defendants"), by and through undersigned counsel, and respectfully move this Honorable Court to enter an Order granting State Defendants' counsel the right to depose Plaintiff Gerron Maurice Lindsey ("Plaintiff"), an incarcerated individual: 1. Delaware. 2. this case. 3. 4. individual. The discovery deadline in this matter is July 29, 2005. Fed. R. Civ. P. 30(a)(2) requires leave of the Court to depose an incarcerated Counsel for the State Defendants wishes to depose Plaintiff as part of discovery in Plaintiff is an inmate incarcerated at the Delaware Correctional Center in Smyrna,

Case 1:04-cv-01383-SLR

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Filed 06/14/2005

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5.

A form of order is attached to this motion that grants State Defendants' counsel

the right to depose Plaintiff. WHEREFORE, State Defendants respectfully request that this Honorable Court grant their Motion for Leave to Depose Plaintiff Gerron Maurice Lindsey. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. No. 2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th fl. Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants Dated: June 14, 2005

Case 1:04-cv-01383-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GERRON MAURICE LINDSEY, Plaintiff, v. LT. RISPOLI, C/O MOORE, C/O VICTOR GONZALEZ, SGT. CARPENTER, C/O MANNO, C/O TERRY, NURSE HOLLY, and NURSE BRENDA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1383-SLR

7.1.1 CERTIFICATE OF COUNSEL Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. Plaintiff Gerron Maurice Lindsey is currently incarcerated and it is not practical for undersigned counsel to communicate with him concerning State Defendants' Motion for Leave to Depose Plaintiff. 2. Therefore, undersigned counsel assumes that the Motion is opposed. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. No. 2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th fl. Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants Dated: June 14, 2005

Case 1:04-cv-01383-SLR

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Filed 06/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GERRON MAURICE LINDSEY, Plaintiff, v. LT. RISPOLI, C/O MOORE, C/O VICTOR GONZALEZ, SGT. CARPENTER, C/O MANNO, C/O TERRY, NURSE HOLLY, and NURSE BRENDA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1383-SLR

ORDER This day of , 2005,

WHEREAS, State Defendants having requested leave to depose Plaintiff Gerron Maurice Lindsey pursuant to Fed. R. Civ. P. 30(a); and WHEREAS, there being good cause shown for the granting of such motion; IT IS HEREBY ORDERED, that State Defendants' Motion for Leave to Depose shall be granted and State Defendants shall have the right to depose Plaintiff Gerron Maurice Lindsey.

_________________________ Judge

Case 1:04-cv-01383-SLR

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CERTIFICATE OF SERVICE I hereby certify that on June 14, 2005, I electronically filed State Defendants' Motion For Leave to Depose Plaintiff with the Clerk of Court using CM/ECF. I hereby certify that on June 14, 2005, I have mailed by United States Postal Service, the document to the following nonregistered party: Gerron Maurice Lindsey.

/s/ Eileen Kelly Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]