Free Scheduling Order - District Court of Delaware - Delaware


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ii Case 1:05-cv-00046-JJF Document 15 Filed 05/23/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM HANSON, III, :
Plaintiff : C.A. No.: 05—O046(JJF)
LOWE’S HOME CENTERS, INC., etal.
Defendants :
RULE I6 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R, Civ. P. 26(f`)_,
IT IS ORDERED that:
1. Pre-Discovery Diselosu res. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions tojoin other parties shall be filed
on or before June 30, 2005.
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 ofa settlement.
lf the parties agree that they would benefit from a settlement conference, the parties shall contact
Magistrate Judge Thyngc to schedule a settlement conference so as to be completed no later than
the Prctrial Conference or a date ordered by the Court.
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 July 31,
2005.
(b) Maximum of 50 interrogatories by each party to any other party.

Case 1:05-cv-00046-JJF Document 15 Filed 05/23/2005 Page 2 of 4
(c) Maximum of 25 requests for admission by each party to any other
party.
(d) Maximum of l0 depositions by plaintiff(s) and 10 by defendant(s).
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(s) by September 30, 2005 from the defendant(s) by October 31, 2005.
(t) 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 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 five (5) days of service ofthe
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.
(c) Upon receipt ofthe Answer, the movant shall notify Chambers by
e-mail at [email protected] that the parties have completed briefing.
(d) Upon receipt ofthe 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

Case 1:05-cv-00046-JJF Document 15 Filed 05/23/2005 Page 3 of 4
tile, unless otherwise ordered bythe Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be liled on or before October 31, 2005.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules ofCivil Procedure, shall be served and filed with an opening briefon or before
December 31, 2005. 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 tiled with
the Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the Local
Rules ofCivil 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. Briefs shall be limited to no more than ten (10) pages. Parties
may tile stipulated and unopposed Orders with the Clerk ofthe 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 tmc emergency matter requiring the assistance of
the Court shall e-mail Chambers at: [email protected]. The e-mail shall provide a short
statement describing the emergency.
9. Prctrial Conference and Trial. After reviewing the parties` Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.

Case 1:05-cv-00046-JJF Document 15 Filed 05/23/2005 Page 4 of 4
The Court will determine whether the trial date should be scheduled when
the Scheduling Order is entered or at the Pretrial Conference. If scheduling ofthe trial date is
rleferrecl 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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DA E TED TA S DISTRICT J GE