Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-00921-SLR Document 104 Filed 05/21/2007 Page 1 ot 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VURNIS L. GILLIS, )
Plaintiff, 3
g Civil Action No. 04-921-***
v. )
)
)
STAN TAYLOR, et al., )
Defendants. g
STIPULATION REGARDING THE STATE DEFENDANTS’
WITHDRAWAL OF THEIR MOTION TO DISNIISS AND
THE PLAINTIFF’S DISMISSAL OF CERTAIN STATE DEFENDANTS
Plaintiff, Vumis L. Gillis (the "Plaintiff"), by his attorneys, Connolly
Bove Lodge & Hutz LLP, and State Defendants Stanley Taylor, Paul Howard, Thomas
Carroll, Elizabeth Burris, David Holman ("NFN Holman"), Emily Stevenson, Ricky
Porter (=·Nl\/IN Porter"), Merissa McFadden, Jim Simms, Lise Merson, Mike Little,
Edward Johnson, Maria Lyons ("NLN Maria"), Timothy Martin, Brian Engrem, and
Osmar Sammander (the "State Defendants"), by their attorneys, Delaware Department of
Justice, hereby stipulate and agree as follows (the "Stipu1ation") and respectfully request
the Court to so order:
WI-IEREAS, on January 17, 2006, the State Defendants filed State
Defendants’ Motion to Dismiss and State Defendants’ Memorandum of Points and
Authorities in Suppoit of State Defendants’ Motion to Dismiss seeking dismissal of th
above—captioned lawsuit for Plaintiff’ s failure to state a claim upon which relief can be
granted (the "M0tion to Dismiss”) (D.I.s 66, 6”/, 68, 69); and

Case 1:04-cv-00921-SLR Document 104 Filed 05/21/2007 Page 2 ot 4
WHEREAS, on September 25, 2006, the Plaintiff filed Plaintiff’s
Answering Brief in Opposition to Defendants’ Motion to Dismiss asking the Court to
deny, in part, the relief requested in the Motion to Dismiss (D.I. 88); and
WHEREAS, on October 2, 2006, State Defendants filed State Defendants’
Reply Memorandum of Points and Authorities in Support of State Defendants’ Motion to
Dismiss (D.I. 89); and
WHEREAS, the State Defendants wish to withdraw the Motion to Dismiss
but preserve their right to raise any defenses and affirmative defenses asserted in the
Motion to Dismiss; and
WHEREAS, the Plaintiff wishes to dismiss without prejudice any and all
claims in connection with the above—captioned matter against certain of the State
Defendants; and
WHEREAS, the Parties have conferred and discussed the relief stated
herein; and
NOW THEREFORE, in consideration of the foregoing it is hereby
stipulated and agreed by and between the Plaintiff and the State Defendants, subject to
Court approval, that:
1. State Defendants’ Motion to Dismiss and all papers and pleadings
tiled in support thereof (including D.I.s 66, 67, 68, 69, 89) are withdrawn. Plaintiff does
not oppose but does notjoin in Defendant‘s request to withdraw the Motion.
2. State Defendants retain any and all defenses and affirmative
defenses raised in the Motion to Dismiss.
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Case 1:04-cv-00921-SLR Document 104 Filed 05/21/2007 Page 3 of 4
3. Plaintiff agrees to dismiss from this matter the following State
Defendants: Mike Little, Ed Johnson, Maria Lyons (“NLN Maria"), Brian Engrem,
Osmar Sammander, David Holman ("NFN Holman"), Lise Merson, Ricky Porter ("NMN
Porter"), Timothy Martin, Merissa McFadden and Emily Stevenson (the "Dismissed
Defendants"), without prejudice to their being rejoined as defendants, individually or
collectively, if evidence in discovery indicates their separate or combined involvement(s)
in the alleged forced medication to Plaintiff, provided, however, that State Defendants do
not waive, and expressly reserve, any and all defenses and affirmative defenses they have
to Plaintiff’s attempt to rejoin the Dismissed Defendants as defendants after the Court’s
approval of this Stipulation and Order.
4. The remaining State Defendants — Stanley Taylor, Paul Howard,
Thomas Carroll, Elizabeth Burris, and Jim Simms — will file an answer to Plaintiff s
Complaint within 30 days of the date of the Court’s approval of this Stipulation and
Order.
5. This Stipulation constitutes the entire agreement of the Parties
regarding the subject matter hereof.
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Case 1 :04-cv-00921-SLR Document 104 Filed 05/21/2007 Page 4 of 4
6. Nothing in this Stipulation shall constitute admissions by any of
the Parties and shall not be used in any subsequent litigation by the Parties or any other
person or entity other than for the purpose of enforcement of this Stipulation and Order.
Dated: Wilmington, Delaware
May 18, 2007
By: CONNOLLY BOVE LODGE DEPARTNIENT OF JUSTICE
& HUTZ LLP STATE OF DELAWARE
/s/ Zhun Lu /s/Erika Y. Tross
Zhun Lu (#4427) Erika Y. Tross (#4506)
1007 North Orange Street Deputy Attorney General
P.O. Box 2207 820 N. French Street, 6m Floor
Wilmington, DE 19899 Wilmington, DE 19801
(302) 658-9141 (302) 577-8400
Attorney for the Plaintiff Attorney for the State Defendants
SO ORDERED this oz! day of mg! , 2007.
I
A W ..4 .L
{Q,.
able Mary Pat T ’
Un - : 3 ates District Court ' agistrate Judge
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