Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-00415-SLR

Document 49

Filed 08/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC A. CHAMBERS, Plaintiff, v. JOHN DOES 1-7, DONALD J. BOWMAN, JR., CITY OF WILMINGTON DELAWARE, DELAWARE S.P.C.A., and SGT. ELLIOTT, Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-415(SLR)

DEFENDANT DELAWARE SPCA' S MEMORANDUM IN OPPOSITION TO THE PLAINTIFF'S MOTION FOR DISCOVERY (D.I. 21) COME NOW, Defendant Delaware SPCA ("SPCA"), by and through the undersigned counsel, and hereby moves this Honorable Court to enter an Order denying the plaintiff's motion for discovery. The SPCA adopts the statement of facts set forth by the City defendants in its brief in support of its Motion for Summary Judgment (D.I. 19) and the SPCA's Memorandum of Points and Authorities in support of its Motion to Dismiss or in the alternative Summary Judgment (D.I. 31), as well as their response to this motion (D.I. 48). In an order dated May 20, 2005 (D.I. 41), this Court denied the plaintiff's motion for Discovery (D.I. 21) as moot. The SPCA respectfully submits that the Order was correct. Any such information sought by plaintiff in his motion for discovery (D.I. 21) was attached to the SPCA's Motion to Dismiss or in the alternative Summary Judgment.

Case 1:04-cv-00415-SLR

Document 49

Filed 08/15/2005

Page 2 of 2

WHEREFORE, The SPCA seeks an order denying the plaintiff's motion for discovery.

/s/ Donald L. Gouge, Jr. #2234 DONALD L. GOUGE, JR. (#2234) 800 N. King Street, Suite 303 Wilmington, DE 19801 (302) 658-1800 Attorney for Delaware SPCA Dated: August 15, 2005