Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv—00007-GIVIS Document 22 Filed 07/30/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM C. CONAWAY and )
RICHARD L. PUICAN, As Executor )
Of the Estate of ROBERTA PUICAN, )
Plaintiffs, g C.A. No.: 07-007 GMS
)
v. )
) TRIAL BY JURY DEMANDED
p HEANNEN HARRISON, )
Defendant. g
SCHEDULING ORDER [Non-Patent]
This ______ day of 2007, the Court having conducted a Rule L
1
16 Scheduling Conference pursuant to Local Rule l6.2(b) on July 23, 2007, and the parties
having determined after discussion that the matter cannot be resolved at this juncture by
settlement, voluntary mediation or binding arbitration;
g IT IS ORDERED that:
1. Rule 26ga) Initial Disclosures: Unless otherwise agreedto by the parties,
they shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or
w before N/A .
2. J oinder of other Parties and Amendment of Pleadings: All motions to
L join other parties and amend the pleadings shall be tiled on or before N/A .
§ 3. Discovery: All discovery in this case shall be initiated so that it will be
completed on or before .
Plaintiffs’ Rule 26(a)(2) disclosures re: experts 12/31/07.
Defendant’s Rule 26(a)(2) disclosures re: experts 2/§j_0_§.
Plaintiffs’ rebuttal Rule 26(a)(2) disclosures re: experts §jI_5_/_Q§_.
nB02;61ss9z6.1 0655101001

Case 1:07-cv—00007-G|\/IS Document 22 Filed 07/30/2007 Page 2 of 4
a. Discovery and Scheduling Matters: Should counsel find they are
unable to resolve a discovery or scheduling matter, the party seeking the relief shall contact
chambers at (302) 573 -6470 to schedule a telephone conference. Not less than forty—eight hours
prior to the teleconference, the parties shall file with the court, via electronic means (CM/ECF), a
joint, nonargumentative letter agenda not to exceed two (2) pages outlining the issue(s) in
dispute. A sample letter can be located on this court’s website at www.ded.uscourts. gov. After
the parties have had three (3) discovery teleconferences, they will be required to file a joint letter
showing good cause why the court should permit a fourth discovery teleconference. Should the
court find further briefing necessary upon conclusion of the telephone conference, unless
otherwise directed, the party seeking relief shall file with the court a TWO PAGE LETTER,
exclusive of exhibits, describing the issues in contention. The responding party shall file within
five (5) days from the date of service of the opening letter an answering letter of no more than
TWO PAGES. The party seeking relief may then tile a reply letter of no more than TWO
PAGES within three (3) days from the date of service of the answering letter.
4. Confidential Information and Papers tiled under Seal: Should counsel
find it will be necessary to apply to the court for a protective order specifying tenns and
conditions for the disclosure of confidential information, they should confer and attempt to reach
an agreement on a proposed form of order and submit it to the court within ten (10) days from
p the date of this order. When filing papers under seal, counsel should deliver to the Clerk an
original and two copies of the papers.
If, after making a diligent effort, the parties are unable to agree on the
contents of the joint, proposed protective order, then they shall follow the dispute
resolution process outlined in paragraph 3(a).
l 2
( ns02;61359a6.1 0655101001
l

Case 1:07-cv—00007-G|\/IS Document 22 Filed 07/30/2007 Page 3 of 4
5. Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is
referred to the United States Magistrate for the purpose of exploring the possibility of a
settlement. If the parties agree that the possibility of settlement may be enhanced hy such
V referral, the parties shall contact Magistrate Judge Thynge to schedule a settlement conference
with counsel and clients.
6. Case Dispositive Motions: All case dispositive motions and an opening
brief and affidavits, if any, in support of the motion shall be served and filed on or hefore_lI/A____.
Briefing will be presented pursuant to the court’s Local Rules, unless the parties agree to an
alternative briefing schedule. Any such agreement shall be in writing and filed with the Court
for the Court’s approval. Any request for extensions of time as set forth in this Scheduling Order
must be accompanied by an explanation or your request will be denied.
7. Applications by Motion: Except as provided in this Scheduling Order or
for matters relating to scheduling, any application to the Court shall be by written motion filed,
via electronic means (CM/ECP). Unless otherwise requested bythe Court, counsel shall ppt
deliver copies of papers or correspondence to Chambers. Any non—dispositive motion should
contain the statement required by Local Rule 7.1.1.
8. _ Oral Argument. If the Court believes that oral argument is necessary, the
Court will schedule a hearing Pursuant to Local Rule 7.1.4.
9. Pretrial Conference. On Q_/4/(L8, beginning at _l_([L(H)_ agp, the Court will
hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered bythe Court,
i the parties should assume that filing the Joint Pretrial Order satisfies the pretrial disclosure
requirement in Federal Rule of Civil Procedure 26(a)(3). A sample form of Pretrial Order can be
located on this court’s website at www.ded.uscourts. gov. Thirty (3 O) days before the Joint
1 3
nB02;61ss926.1 0655104001
l

Case 1:07-cv—00007-G|\/IS Document 22 Filed 07/30/2007 Page 4 of 4
Proposed Pretrial Order is due, plaintiffs counsel shall forward to defendanfs counsel a draft of
the pretrial order containing the infomation plaintiff proposes to include in the draft.
Defendanfs counsel shall, in turn, provide to plaintiffs counsel any comments on the plaintiffs
draft as well as the information defendant proposes to include in the proposed pretrial order.
Motions in limiue: No party shall tile more than five(5) motions in Zimine. Briefs (opening,
answering and reply) on all motions in Zimirze shall be filed by [QQ. Opening and answering
briefs shall not exceed tive (5) pages and reply briefs shall not exceed three (3) pages. The
parties shall tile with the court the joint proposed final pretrial order with the infomation
required by the fom of Final Pretrial Order which can be located on this court’s website at
WWW.d€d.USCOl11'tS. gov on or before §/_§l_y_(L§.
l0. Trial. This matter is scheduled for 3 a day jury trial beginning at Q_;_Q_Q
a.m. on Q/Q/(§_.
ll. Scheduling: The parties shall contact chambers, at (302) 573-6470, only
in situations where scheduling relief is sought and only then when ALL participating counsel is
mv on the line for purposes of selecting a new date.

4
nB02;6155926.1 0655101001