Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :05-cv-00712-JJF Document 16 Filed 07/05/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CENTILLION DATA SYSTEMS, LLC,
Plaintiff, C.A. No. 05-7l2 JJF
v. JURY TRIAL DEMANDED
AVOLENT, INC.,
Defendant.
|PROPOSED| RULE 16 SCHEDULING ORDER
The panics having satisfied their obligations under Fed. R. Civ. P. 26(I),
IT IS ORDERED THAT:
l. Pre-Discovery Disclosures. The parties will exchange by June 30, 2006 the
inlbrmation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions tojoin other panics shall be tiled on or
before September I5, 2006.
3. Discovery.
(a) Exchange of contention interrogatories, identification of fact witnesses,
document production and depositions of fact witnesses shall be commenced so as to be
completed by February 16, 2007. I
(b) Maximum of 50 interrogatories, including contention interrogatories, for
each side.
(c) Maximum of 75 requests for admission for each side.
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(d) Maximum of 80 hours of depositions by plaintiff and 80 hours by
defendant, including expert depositions, with no deposition of any individual to last more than
seven hours. There shall be no hour limitation on Rule 30(b)(6) designees provided that such
hours shall count toward a party’s 80 hour maximum. Depositions shall not commence until
discovery under Paragraph 3(a, b and c) is completed. The parties may serve additional written
discovery within the limits of Paragraph 3(a, b and c) after depositions commence to explore new
issues arising from depositions or on-going investigations.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the plaintiff on damages and infringement and from the defendant on invalidity by
February 28, 2007; followed by rebuttal reports, if any, by March 28, 2007.
(i) 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 or ordered by the Court.
4. 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 and must specify that the
filing is pursuant to the Discovery Dispute procedures provided in this paragraph. An Answer to
the Rule 37 motion, not to exceed four (4) pages, shall be tiled within five (5) days of service of
the motion. No reply is permitted.
(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.
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Case 1:05-cv-00712-JJF Document 16 Filed 07/05/2006 Page 3 of 4
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at jjfgcivi/@derzZ uscourrsgov that the dispute is ready for decision.
(d) Upon receipt of the movant’s e-mail, the Coun 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.
5. Amendment ofthe Pleadings. All motions to amend the pleadings shall be filed
on or before September 30, 2006.
6. Case Dispositive Motions. Any ease dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and tiled with an opening brief on or before June 1,
2007. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be tiled
more than ten (10) days from the above date without leave of the Court. The Court will issue a
separate Order regarding procedures for filing summary judgment motions.
7. Markman. A Markman Hearing will be held on January fing on
the claim construction issues shall be completed at least ten (10) business days prior to the
hearing. The Court, after reviewing the briefing, will allocate time to the parties for the hearing.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the
Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the Local Rules
of Civil Practice for the United States District Court for the District of Delaware (Amended
Effective January 1, 1995). Any non-dispositive motion shall contain the statement required by
D. Del. LR 7. 1.1. Parties may filed stipulated and unopposed Orders with the Clerk ofthe Court
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Case 1:05-cv-00712-JJF Document 16 Filed 07/05/2006 Page 4 of 4
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 of the
Court shall e-mail Chambers at: ]]f_civiI@deduscourrsxgov. 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 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.
_ 2006 _ , __,. .. ,
I-lon ephi]. ii : ,i Jr.
UNI I: STATES DISTRICT JUDGE
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