Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :06-cv-00097-JJF Document 8 Filed O4/12/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
NATIONAL FIRE & MARINE INSURANCE )
COMPANY, )
) Civil Action No.: 06-97 JJF
Plaintiff, )
)
-against- )
ROBIN JAMES CONSTRUCTION, INC., g
Defendant. g
RULE IQ SQQEDIILINQ QQDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(t),
IT IS ORDERED that:
I. Pre-Discovery Disclosures. The parties will exchange by April 17, 2006 the
information required by Fed. R. Civ. P. 26(a)( I) and D. Del. LR 16.2.
2. Joinder of Other Parties. All motions to join other parties shall be filed on or
before June 1, 2006.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. If the parties
agree that they would benefit from a settlement conference, the parties shall contact Magistrate
Judge Thynge to schedule a settlement conference so as to be completed no later than the Pretrial
Conference or a date ordered by the Court
4. Discovery.
(a) ` Exchange and completion of interrogatories, identification of all fact
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` . ghicument production shall be commenced so as to be completed by August l,
2006.
(b) Maximum of twenty—five (25) interrogatories by each party to any other party.
(c) _ Maximum of forty (40) requests for admission by each party to any other
party.
(d) Maximum ofsix (6) depositions by plaintiff and six (6) by defendant.
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the plaintiff by October 1, 2006 from the defendant by November 1, 2006.
(f) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than thirty (30) days from receipt of said expert‘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 of the 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 a total of four (4) pages, shall be filed within five (5) days of service of
the motion. No reply is permitted.
(b) All papers shall set fort.h in a plain and concise manner the issue(s) in
dispute, the party's position on the issue(s), and the reasons for the pa1ty's position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by e—mail
at i [email protected] that the parties have completed briefing.
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(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 Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be
filed on or before June 1, 2006.
7. Case Dispositivc 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
December 1, 2006. 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 of the Court.
8. Application by Motion.
(a) Any applications to the Court shall be by written motion filed with the
Clark of the Court in compliance with the Federal Rules of Civil Proceudre and Local Rules of
Civil Practice for the United States District Coun for the District of Delaware (Amended
Effective January 1, 1995). Any non-dispositive motion shall contain the statement required by
D.D el. LR 7.1.1. Briefs shall be limited to no more than ten (10) pages. Parties may file
stipulated and unopposed Orders with the Clerk of the Court for the Court’s 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: j [email protected]. gov. The e-mail shall provide a short
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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 Order is entered or at the Pretrial Conference. If scheduling of the 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 of the Pretrial Conference.
Dated: April ( , 2006 ‘ . ,._
9 Urpte State D1 ict Judge ,·
Pretzrial Order: Draft: .doc 4