Free Scheduling Order - District Court of Delaware - Delaware

Case 1:06-cv-00595-JJF Document 16 Filed O3/16/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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IN THE MATTER OF COMPLAINT OF CIVIL ACTION
DELAWARE BAY LAUNCH SERVICE, INC. AS IN ADMIRALTY
OWNER OF “BREAKWATER,” A 48-FOOT I976
CREWBOAT, FOR EXONERATION FROM OR No. 06-595-JJF
LIMITATION OF LIABILITY
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RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(D,
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by April 13, 2007 the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR l6.2.
2. Joinder of other Parties. All motions tojoiri other parties shall be filed on or before
July 31, 2007. Q .
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3. Settlemen Conference. Pursuant to 28 U.S.C. §636, this matter is referred to
Magistrate Judge Thynge r the purpos of exploring the possibility ofa settlement. Ifthe
parties agree that they would be efit rom a settlement conference, the parties shall contact
Magistrate Judge Thynge to sch ule settlement conference so as to be completed no later than
the Pretrial Conference or a d· te ordered by the Coun.
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Case 1:06-cv-00595-JJF Document 16 Filed O3/16/2007 Page 2 of 4
4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact witnesses
and document production shall be commenced so as to be completed by August
31, 2007.
(b) Maximum of 30 interrogatories by each party to any other party.
(c) Maximum of 20 requests for admission by each party to any other party.
(d) Maximum of 10 depositions by claimant(s) and by petitior1er(s). Depositions shall
not commence until the discovery required by Paragraph 4 (a, b and c) is
completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due from
the claimant(s) by December 31, 2007; from the petitioner(s) by January 31,
2008.
(f) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than thiny (30) days from receipt of said expen’s report, unless
otherwise agreed in writing by the parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide shall file a
motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil Procedure and
Local Rule 37.1. Said motion shall not exceed a total of four (4) pages. An
Answer to the Rule 37 motion, not to exceed four (4) pages, shall be filed within
tive (5) days of service ofthe motion. No reply is permitted.
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Case 1:06-cv-00595-JJF Document 16 Filed O3/16/2007 Page 3 of 4
(b) All papers shall set forth in a plain and concise manner the issue(s) in dispute, the
party’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail at
[email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may file, unless
otherwise ordered by the Coun.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed on
or before July 31, 2007.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and filed with an opening brief on or before February
29, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be
filed more than ten (10) days from the above date without leave ofthe Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the Clerk of
the Court in compliance with the Federal Rules ofCivil Procedure and the Local
Rules of Civil Practice for the United States District Court for the District of
Delaware (Amended Effective January l, l995). Any non—dispositive motion
shall contain the statement required by D. Del. LR 7.1.1. Parties may file
stipulated and unopposed Orders with the Clerk of the Court for the Court’s
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Case 1:06-cv-00595-JJF Document 16 Filed O3/16/2007 Page 4 of 4
review and signing. The Court will not consider applications and requests
submitted by letter or in a form other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance ofthe Court shall
e-mail Chambers at: [email protected]. The e—mail shall provide a short
statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed Scheduling
Order, the Court will schedule a Pretrial Conference. The Court will determine whether the trial
date should be scheduled when the Scheduling Ordcr is entered or at thc Pretrial Conference. lf
scheduling ofthe trial date is deferred until the Pretrial Conference, the parties and counsel shall
anticipate and prepare for a trial to be held within sixty (60) to ninety (90) days ofthe Pretrial
Conference.
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DATE U STA ES ISTRICT J ‘
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