Free Order on Motion to Expedite - District Court of Delaware - Delaware


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Date: August 4, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cv-00370-SLR

Document 5

Filed 08/04/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


HELENE VILLEGAS,
Plaintiff

v"

CNILACTION

MICHAEL MCFARLAND, Regional Manager, New Castle Coun~ Probation and Parole, in his individual capaci~; and JANE DOE, JOHN DOES Nos" 1,2,3,4,5,6, 7, 8, and 9, New Castle County Probation and Parole Officers, in their individual capacities,. Defendants,

NO, 08-cv-370 (SLR)

JURY TRIAL DEMANDED

ORDER
AND NOW, this l?t- day Of~h 2008, after consideration of Plaintiff's Motion Requesting the Emergency Limited Discove~ Purpose of Ascertaining the Identities of Defendants Jane Doe and John Doe Nos" 1-9, the Court makes the following findings:

1. Plaintiff has made several unsuccessful efforts to determine the identities of the Jane and John Doe Defendants, both prior to filing the Complaint and after filing it These efforts include (a) a letter to Colonel.. Rick Gregory of the New Castle County Police Department in February 2007; (b) a letter to Bmeau Chief Noreen Renard of the BUl'eau of Community COllections in February 2007; (c) a letter to Lieutenant Colonel Mark Seifert ofthe Delaware State Police in April 2007; (d) various communications with the Department ofCOIrection, through its attorney, between February and June 2007; and (e) additional communications with the Department of Correction, through its attorney, in July 2008, 2 . Because no attorney has yet been assigned to represent Defendant MacF arland, Plaintiff' cannot make a request of Defendant MacFar'1and's counsel directly" 3" The statute of limitations on Plaintiffs action will run on August 4, 2008, 4, Plaintiff'wishes to amend hel complaint to include the identities of the Jane and John Doe Defendants prior to that date,

Case 1:08-cv-00370-SLR

Document 5

Filed 08/04/2008

Page 2 of 2

IT IS THEREFORE ORDERED that Plaintiff shall serve the limited discovery requests identified in her motion on Defendant MacFarland and Deputy Attorney General Ophelia Waters, Esq" and Defendant McFarland shall respond to those discovery requests no later than Friday, August 1, 2008,

n~
Sue L Robins n, USD.],