Free Motion for Reconsideration - District Court of Delaware - Delaware

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Case 1:04-cv-00617-SLR Document 70 Filed O3/16/2 P @3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT DELAWARE
ROBERT EBROWN, and )
SHIRLEY H. BROWN, ) _ gg
Plaintiffs, ) § §
> E l.
v. ) C.A. No. 04-6 17 SLR °’*
[NTERBAY FUNDING, LLC, and ) St?
LEGRECA & QUINN REAL ESTATE ) Q,
snizvicns, mc., ) A-
) `° ' ifi
Defendants. )
PLAINTIFFS MOTION TO POSTPONE THE ORDER OF DEPOSITION OF
ROBERT E. BROWN, PENDING PLAINTIFF S MOTION TO COMPEL TO
RESPOND TO INTERROGATORIES
Comes now, Robert E. and Shirley H. Brown, and request this Honorable Court to
Postpone the Deposition of Robert E. Brown. Plaintiffs request clarification on the
matters presently before this Court that appear to be preferential in favor of Defendant.
Plaintiffs have petitioned this Court to compel the Defendants (lnterbay and Legreca and
Quinn) to respond to the lnterrogatories pursuant to Federal Rule of Civil Procedure Rule
37, (h) - Failure to Make Disclosure or Cooperate in Discovery: Sanctions a week or
more before the discovery deadline of March 7, 2005. Plaintiffs have not received an
answer to their Motion.
Defendant violated the Order of (Judge Robinson) November 8th directing all parties
that Discovery “shall be initiated so that it will be completed on or before March 7,
2005 ." Defendant initiated the filing of a Motion for Deposition extension of Discovery
on or about March 2-3, 2005, and was awarded an extension of Discovery and a Court
Order to Depose Robert E. Brown (March 7, 2005) within two working days. Plaintiffs,

Case 1:04-cv—OO617—SLR Document 70 Filed O3/16/2005 Page 2 of 3
concern is that Defendants had 4 months to comply with the Judge’s order, (as did
Plaintiffs and other Defendant, Interbay) yet, Defendants (Legrecca and Quinn) were
given additional time. This concession gives the appearance of preferenceS in favor of
Defendants. Plaintiffs request to know why Defendant was allowed to acquire an
Extension of Discovery (in defiance of Court Order) and Court Order to Depose Robert
E. Brown, before Plaintiffs (Robert E. and Shirley 1-1. Browns’) Motion was given a
response. Plaintiffs’ motions were filed more than a week before Defendants’ Motion for
extension of Discovery and Order to Depose Robert E. Brown. In addition, there has been
no response to Plaintiffs Motion for Production of Documents from either Defendant
(Interbay or Lagreca and Quinn).
éobert E. Brown, Pro Se.
/ Eéhirley Brown, h/w
1024 Walnut Street
Wilmington, DE. 19801
(302) 652-9959
2

Case 1:04-cv—OO617—SLR Document 70 Filed O3/16/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COUT FOR THE
DISTRICT OF DELAWARE
Robert E. Brown and :
Shirley H. Brown h/w Z
Plaintiffs, :
v. I Civil Action No. 04- 617- SLR
Interbay Funding LLC, and :
Legreca & Quinn Real Estate :
Services Inc. I
Defendants :
PLAINTIF F S MOTION TO POSTPON E THE ORDER OF DEPOSITION OF
ROBERT E. BROWN , PENDING PLAINTIF FS MOTION TO COMPEL TO
RESPOND TO INTERROGATORIES
This is to certify that on this 16th day of March, 2005, copies of PLAINTIFFS
MOTION TO POSTPONE THE ODER OF DEPOSITION OF ROBERT E. BROWN
DEPOSITION, were served on the following attorney’s listed below:
David Souder Carol J. Antoff Esquire
Sandra Brickel Delaware State Bar 1.D. No. 3601
1300 l9°h Street N.W 1001 Jefferson Plaza, Suite 202
5°h Floor Wilmington, DE 19801
Washington, D.C. 20036-1609 (302) 652-3611
(202) 628-2000 Attomey for Legreoa & Quinn
Attorney’s for Interbay
David Finger, Esq.
Commerce Center
1200 Orange Street
Wilmington, DE 18701 .·
Attomey for lnterbay. F • •= E. ro / ,,·' Se.

hirley . Brown, h/w
1024 Walnut Street
Wilmington, DE. 19801
(302) 652- 9959
3

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