Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00448-GMS

Document 27

Filed 12/11/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

: : Plaintiff, : : v. : : CORRECTIONAL MEDICAL : SERVICES, INC., GAIL ELLER, : UNKNOWN EMPLOYEES and : CORRECTIONAL MEDICAL SERVICES : REGIONAL, : : Defendants. :

RUSSELL STEEDLEY,

C.A. No. 07-448 JURY TRIAL DEMANDED

DEFENDANT CORRECTIONAL MEDICAL SERVICES, INC.'S ANSWER TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUCTION Defendant Correctional Medical Services, Inc. ("Answering Defendant") by and through its undersigned counsel of record, hereby opposes Plaintiff's Motion for Temporary Restraining Order/Preliminary Injunction (D.I. 4), and states as follows: 1. Plaintiff filed the instant Motion on or about July 19, 2007 (D.I. 4), seeking a Court order

requiring Defendants to provide Plaintiff with hip replacement surgery. 2. On October 10, 2007, Plaintiff wrote to the Court requesting the above-captioned action

be stayed because he was scheduled to receive hip replacement surgery. (D.I. 18). 3. Plaintiff is currently on the list for hip replacement surgery. CMS is waiting for the

orthopedic surgeon to schedule the procedure. For security reasons, CMS cannot tell Plaintiff when the procedure will be performed. 4. Accordingly, Plaintiff's Motion is moot.

Case 1:07-cv-00448-GMS

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WHEREFORE , for the foregoing reasons, Defendant Correctional Medical Services, Inc. respectfully requests Plaintiff's Motion (D.I. 4) be DENIED.

BALICK & BALICK, LLC

/s/ James E. Drnec James E. Drnec, Esquire (#3789) 711 King Street Wilmington, Delaware 19801 302.658.4265 Attorneys for Defendant Correctional Medical Services, Inc. Date: December 11, 2007

Case 1:07-cv-00448-GMS

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CERTIFICATE OF SERVICE I, James Drnec, hereby certify that on the 11th day of December 2007, the foregoing Defendant's Answer to Plaintiff's Motion for Temporary Restraining Order/Preliminary Injunction was filed via CM/ECF and served First Class Mail upon the following:

Russell Steedley SBI# 249572 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

/s/ James E. Drnec James E. Drnec, Esquire (#3789)