Free Scheduling Order - District Court of Delaware - Delaware

Case 1:07-cv—O0346-SLR Document 15 Filed O9/07/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
E. I. DU PONT DE NEMOURS AND )
COMPANY, )
)
Plaintiff, )
)
v. ) C.A. N0. 07-346 SLR
)
MECHANICAL INTEGRITY, INC., )
)
Defendant. )
SCHEDULIN G ORDER
At Wilmington this (0`11·~ day o 2007, the parties having satisfied their
obligations under Fed. R. Civ. P. 26(f), and the Court having conducted a pretrial scheduling
conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that;
1. Pre-Discovery Disclosures. The parties have exchanged the infomation
required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects, based on facts and
circumstances developed during discovery:
(i) Facts and circumstances surrounding Defendant’s inspections of
the chloroform pipeline in DuPont’s Louisville, Kentucky facility;
(ii) Facts and circumstances establishing the condition of the
chloroform pipeline in DuPont’s Louisville, Kentucky facility during the
relevant time period;
(iii) Facts and circumstances establishing DuPont’s damages; and
(iv) Facts and circumstances surrounding the allegations in the Complaint,
Answer, and Affimiative Defenses, filed in this action.

Case 1:07-cv—O0346-SLR Document 15 Filed O9/07/2007 Page 2 of 4
(b) All fact discovery shall be commenced in time to be completed by
February 29, 2008.
(c) Maximum of forty (40) interrogatories by each party to any other party.
(d) Maximum of twenty-five (25) requests for admission by each party to any
other party.
(e) Maximum of ten (10) depositions by Plaintiff and ten (10) by Defendant.
(t`) Each deposition limited to a maximum of seven (7) hours unless extended
by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for which any
party has the burden of proof due by March 14, 2008. Rebuttal expert reports due by May 14,
2008.
(h) Discovery Disputes. Any discovery dispute shall be submitted to the
Court pursuant to F ed. R. Civ. P. 37. During the course of discovery, each party is limited to
two (2) Rule 37 motions. The Court shall make itself available, however, to resolve through a
telephone conference, disputes that arise during the course of a deposition and disputes related to
entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class Certification.
All motion to join other parties, amend the pleadings, and certify a class action shall be filed on
or before November 2, 2007.

Case 1:07-cv—O0346-SLB Document 15 Filed O9/07/2007 Page 3 of 4
4. Settlement Conference- Pursuant to 28 U.S.C. § 636, this matter is referred to a
Magistrate Judge for the purposes of exploring the possibility of alternative dispute resolution
(ADR).
5. Summary Judgment Motions. All summary judgment motions shall be served
and tiled with an opening brief on or before May 30, 2008. Briefing shall be pursuant to D. Del.
LR 7.1.2. No summary judgment motion may be tiled more than ten (10) days from the above
date without leave of the Court.
6. Applications by Motion. Any application to the Court shall be by written motion
tiled with the clerk. Unless otherwise requested by the Court, counsel shall not deliver copies of
papers or correspondence to Chambers. Any non-dispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions in limine shall be tiled on or before October 2,
2008. All responses to said motions shall be tiled on or before October 9, 2008.
8. Pretrial Conference. A pretrial conference will be held on October 16, 2008 at
4:30 p.m in Courtroom No. 6B, Sixth Floor Federal Building, 844 King Street, Wilmington,
Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall govern the pretrial
conference.

Case 1:07-cv-00346-SLR Document 15 Filed O9/07/2007 Page 4 of 4
9. Trial. This matter is scheduled for a four-day jury trial commencing on October
27, 2008 in Courtroom 6B, Sixth Floor Federal Building, 844 King Street, Wilmington,
Delaware. For purposes of completing pretrial preparations, the parties should plan on being
allocated a total number of hours in which to present their respective cases.
United States léistrict Judge
810099