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

Case 1:04-cv-01202-GMS

Document 55

Filed 01/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CHARLES M. ROBINSON, Plaintiff, v. C/O THURMAN STANLEY, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 04-1202-GMS

DEFENDANTS' MOTION FOR LEAVE TO DEPOSE PLAINTIFF COME NOW the Defendant Thurman Stanley ("Defendant"), by and through undersigned counsel, and respectfully move this Honorable Court to enter an Order granting Defendant's counsel the right to depose Plaintiff Charles M. Robinson ("Plaintiff"), an incarcerated individual: 1. Delaware. 2. case. 3. individual. 4. A form of order is attached to this motion that grants Defendant's counsel the Fed. R. Civ. P. 30(a)(2) requires leave of the Court to depose an incarcerated Counsel for the Defendant wishes to depose Plaintiff as part of discovery in this Plaintiff is an inmate incarcerated at the Delaware Correctional Center in Smyrna,

right to depose Plaintiff. WHEREFORE, Defendant's counsel respectfully requests that this Honorable Court grant their Motion for Leave to Depose Plaintiff Charles M. Robinson.

Case 1:04-cv-01202-GMS

Document 55

Filed 01/12/2007

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STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. No. 3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Dated: January 12, 2007

Case 1:04-cv-01202-GMS

Document 55

Filed 01/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CHARLES M. ROBINSON, Plaintiff, v. C/O THURMAN STANLEY, Defendant. 1. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1202-GMS

7.1.1 CERTIFICATE OF COUNSEL

Undersigned counsel hereby certifies, pursuant to Local Rule 7.1.1, that: 1. Plaintiff Charles M. Robinson is currently incarcerated and it is not practical for undersigned counsel to communicate with him concerning Defendant's Motion for Leave to Depose Plaintiff. 2. Therefore, undersigned counsel assumes that the Motion is opposed.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. No. 3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant

Dated: January 12, 2007

Case 1:04-cv-01202-GMS

Document 55

Filed 01/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CHARLES M. ROBINSON, Plaintiff, v. C/O THURMAN STANLEY, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 04-1202-GMS

ORDER This day of , 2007,

WHEREAS, Defendant having requested leave to depose Plaintiff Charles M. Robinson 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 Defendant's Motion for Leave to Depose Plaintiff shall be granted and Defendant shall have the right to depose Plaintiff Charles M. Robinson.

_________________________ United States District Judge

Case 1:04-cv-01202-GMS

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Filed 01/12/2007

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CERTIFICATE OF SERVICE I hereby certify that on January 12, 2007, the undersigned caused the attached Defendant's Motion For Leave to Depose Plaintiff to be filed with the Clerk of Court using CM/ECF and delivered to the following person(s) in the form and manner indicated: NAME AND ADDRESS OF RECIPIENT(S): Charles M. Robinson, Inmate SBI #342781 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient

/s/ Ophelia M. Waters Ophelia M. Waters, I.D. No: 3879 Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]