Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :05-cv-00043-JJF Document 9 Filed 05/23/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
NICOLE D. RATLIFF, )
Plaintiff {
v. ) Case No. 05-CV—43 (JJF)
NPC NTERNATIONAL, INC., a g
Kansas corporation, d/b/a )
Pizza Hut, )
Defendant.
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by June 15, 2005 the
information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before August 31, 2005.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purpose 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.

Case 1:05-cv-00043-JJF Document 9 Filed 05/23/2005 Page 2 of 4
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by October 31,
2005.
(b) Maximum of 50 interrogatories by each party to any other party.
(c) Maximum of 25 requests for admission by each party to any other party.
(d) Maximum of 10 depositions by Plaintiff(s) and 10 by detendant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed, unless this is waived by the parties.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the p1aintiff(s) by December 31, 2005; from the defendant by February 28, 2006.
(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.
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 Procedures 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 services 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.
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at jif civilQF¤ccl.uscourts.gov that the parties have completed briefing.

Case 1:05-cv-00043-JJF Document 9 Filed 05/23/2005 Page 3 of 4 1
(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 December 31, 2005.
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
17, 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. 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 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. Briefs shall be limited to no more than ten (10) pages. Parties may tile
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.

Case 1:05-cv-00043-JJF Document 9 Filed 05/23/2005 Page 4 of 4
(d) Any party with a true emergency matter requiring the assistance of the Court
shall e-mail Chambers at: i if civil(&)ded.uscourts.gov. 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 tmtil 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.
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