Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :05-cv—00879-SLFI Document 21 Filed 03/13/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION &
PIKE ELECTRIC, INC.,
Plaintiffs, Civil Action No. 05-879 (SLR)
vs.
MICK DUBEA,
Defendant.
PROPOSED STIPULATED SCHEDULING ORDER
At Wilmington this Bt; day of f_ig£_J¤2006, the parties having satisfied their
obligations under F ed. R. Civ. P. 26(I), and the court having conducted a pretrial
scheduling corifercnce on AL 2006 pursuant to Fed. R. Civ P. I6 and D. Del. L R.
l6.2(a)and (ln).
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange the information
required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2 by February 24, 2006. ·
2. Discovery.
(a) All fact discovery shall be completed by May 12, 2006, with
depositions beginning on or after April 3, 2006. There shall be no more than ten
depositions noticed by each party, with each deposition taking no more than seven hours.
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(b) Reports from retained experts under Fed. R. Civ. P. .26(a)(2) on
issues for which any party has the burden of proof are due by May 15, 2006. Rebuttal
expert reports are due by June 5, 2006
(e) Expert depositions shall be completed by June 19, 2006.
(d) Any discovery dispute shall be submitted to the Court pursuant to
Fed. R Civ P 37 During the course ofdiscovery, 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 ofa deposition and disputes
related to entry ofa protective order.
.3. Joinder of other Parties, Amendment of Pleadings and Counterclaims.
All motions to join other parties, amend the pleadings and assert counterclaims shall be
filed on or before May 31, 2006.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge Thynge for the purposes of exploring ADR.
5. Applications by Motion. Any application to the Court shall be by written
motion filed with the clerk. Unless otherwise requested by the Court, counsel shall not
deliver copies of papers or correspondence to chambers Any nondispositive
motion shall contain the statement required by D. Del. LR 7.1.1.
6. Motions in Limine. All motions gt hgtjg shall be filed on or before July
10, 2006. All responses to said motions shall be tiled on or before July 17, 2006.
7. Witnesses, Exhibits and Deposition Designations
(a) By June 29, 2006, each party shall serve:
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Case 1 :05-cv—OO879-SLB Document 21 Filed O3/13/2006 Page 3 of 4
(i) A list of fact witness previously disclosed during discovery
and intended to be called at trial;
(ii} A list of intended trial exhibits;
(iii) Deposition designations for use at trial.
(b) By July 7, 2006, each party shall serve:
(i) A list ofrebuttal fact witnesses;
(ii) Any objections to lists of fact witnesses, intended trial
exhibits, and deposition designations;
(iii) Counter deposition designations.
(c) By July 11, 2006, each party shall serve any objections to counter
deposition designations
(d) By July 18, 2006, depositions must be taken of fact witnesses not
previously deposed and intended to be called at trial
8. Joint Pretrial Order. The parties will file a joint pretrial order, pursuant
to D Del. 1.. R 16.4, by July 25, 2006
9. Pretrial Conference. A pretrial conference will be held on éngiemhr 7,
2006 at nr. in courtroom 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.
I0. Trial. This matter is scheduled fora 5-day bench trial commencing on
t5¤,P1-u·n£ur /§ Zwtoin 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.
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Case 1:05-cv-00879-SLR Document 21 Filed O3/13/2006 Page 4 of 4
IT IS SO ORDERED
UNITED STAT§S DISTRICT JUDGE
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