Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv-00022-MPT Document 55 Filed O9/16/2005 Page 1 0f4 `
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ST. PAUL. MERCURY INSURANCE )
COMPANY )
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and )
)
PACK AND PROCESS, TNC )
)
PlaintiI`i’s, )
V- )
) Case No 05-0022 (KAJ)
)
MALY YAN )
I
Defendant. )
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YAN TI-IOU. et. al )
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Plaintills. )
I
v, ) Case N0. 05-OOSIB (KAJ)
l
PACK & PROCESS, INC. et al ) CONSOLIDATED CASES
) .
Deletrdarrts. }
S EDULING ORDER
-j· ’ ..... 1
This ciayof · , 2005,the Courthaving conducted an initial Rule
I6 scheduling and planningcorrfi cnce pursuant to Local Rule l6.2(a) on August 24, 2005, and the
parties having determined alter discussion that the matter cannot be resolved at this juncture by
settlement, voluntary mediation, or binding arbitration;
IT IS ORDERED that: ‘
l Rule 26ga}g I ) Initial Disclosures and E-Discovery Default Standard.
Unless otherwise agreed to by the parties. the parties shall make their initial disclosures
pursuant to Federal Rule ol"Civil Procedure 26(a)(l) within live clays of the date of this Order If
they have not already done so. the parties are to review the Court’s Default Standard for Discovery
of Electronic Documents. tvhich is posted at lrttpzf/www ded.sconr ts gov (see Orders, ctc . Policies

Case 1:05-cv-00022-MPT Document 55 Filed O9/16/2005 Page 2 of 4
& Procedures, Ad l·loc Committee for Electronic Discovery), and is incorporated herein by reference.
2. Joinder of other Parties and Amendment of Pleaclings. All motions to join other
parties, and to amend or supplement the pleadings shall be tiled on or before January 2t, 2006,
3. Discovery
a. Limitation on I-lours for Deposition Discoverv. Each side has no limit on the number
oflrours for taking depositions upon oral examination
tr. Location of Depositions. Any party or representative (officer, director, or managing
agent) of a party filing rr civil action in this district court must ordinarily be required, upon request,
to submit to a deposition at a place designated within this district. Exceptions to this general rule
may be rrrade by order ofthe Court. A defendant who becomes a courrterclairnant, cross-claimant,
or third-party plaintiff shall be considered as having filed an action in this Court for the purpose of
this provision.
c Discoverv Cut Off All discovery in this case shall be initiated so that it wilt be
completed on or before June 2l, 2006. The Court encourages the parties to serve and respond to
contention interrogatories early in the case. Unless otherwise ordered by the Court, the limitations
on discovery set forth in Local Rule 26.1 shall be strictly observed.
d. Disclosure of Expert Testimorrv. Unless otherwise agreed to by the parties, they shall
file their initial Federal Rule ofCivil Procedure 26(a)(2) disclosures ofexpert testimony on or before
ninety days before the date of the completion of discovery; and they shall file a srrpplernerrtal
disclosure to contradict or rebut evidence on the same subject rnatter identified by another party sixty
days before the date for the completion ofdiscovery. To the extent any objection to expert testimony
is made pur srrant to the pr irrci ples announced in Dcrtrbert v Merrell Dow Pharm , Inc , 509 U.S. 579
(1993), it shall be made by motion no later than the deadline for dispositive motions set forth herein,
unless otherwise ordered by the Court
e. Discovery Disputes. Should counsel find they are unable to resolve a discovery
dispute, thc party seeking the reliefshall contact chambers at (302) 573-6001 to schedule a telephone
conference. Not less than for ty-eight hours prior to the conference, the party seeking relief shall file
with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on
those issues (Tire Court does not seek extensive argument or authorities at this point; it seeks simply
a statement of the issue to be addressed and or summary of the basis for the party s position on the
issue ) Not less than twenty—tbur hours prior to the conference, any par ty opposing the application
for relief may file tt iettcr, not to exceed three pages, outlining that party s reasons for its opposition.
Should the Court find further briefing necessary upon conclusion ofthe teiephone conference, the
Court will order it. Disputes over protective orders are to be addressed in the first instance in
accordance with this paragraph.
4. Application to Court for Protective Order. Should counsel find it will be necessary
to apply to the Court for a protective order specifying terrrrs and conditions for the disclosure of

Case 1:05-cv-00022-MPT Document 55 Filed O9/16/2005 Page 3 of 4
confidential information, cotrnsel should confer and attempt to reach an agreement on a proposed
form of or der and submit it to the Court within ten days from the date ofthis Order. Should counsel
be unable to reach an agreement on a proposed form of order, the counsel must first follow the
provisions of Paragraph 3e above
Any proposed order should include the following paragraph:
Other Proceedings By entering this order and limiting the disclosure of information
in this case, the Court does not intend to preclude another court from firrdirrg that
irrformation may be relevant and subject to disclosure in another case. Any person or
party subject to this order who becomes subject to a motion to disclose another party
s information designated "confidential" pursuant to this order shall promptly notify
that par ty ofthe nrotion so that the party may have an opportunity to appear and be
heard on whether that information should be disclosed.
5 Papers Filed Under Seal When filing papers under seal, cotrnsel slrotrld deliver to the
Clerk an original and one copy ofthe papers.
6. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to the
United States Magistrate for the purpose of exploring the possibility ofa settlement. The Magistrate
Judge will schedule a settlement conference with counsel and their clients to be held within ninety
days from the date of this Order.
7. interim Stattrs Report. Orr April 27, 2006, cotrnsel shall submit a letter to the Court
with an interim report on the nattrre ofthe matters in issue and the progress of discovery to date
8 Stattrs Conference On May 4, 2006, the Cotrrt will hold a Rule l6(a), (b) and (C)
conference by telephone with cotrnsel beginning at 4:30 pm. Plaintiff`s’ cotrnsel shall initiate the
teleplrorre call. lf all parties agree that there is nothing to report, nor anything to add to the interim
status report or to this order, they may so notify the Cotrrt in writing before the conference is
sclredtrlcd to occur, and the conference will be taken off of the Court s calendar.
9. Case Dispositive Motions. All case dispositive motions, an opening brief, and
affidavits, if any, in support ofthe motion shall be served and filed on or before August 7, 2006
Briefing will be presented pursuant to the Cotrrt s Local Rules.
l0. Applications bv Motion. Except as otherwise specified herein, any application to the
Cotrrt shall be by written motion filed with the Clerk. Unless otherwise requested by the Cotrrt,
cotrnsel shall not deliver copies of papers or correspondence to Clrarnbets. Any non-dispositive
motion shotrld contain the statement required by Local Rule 7. l . l.
1 l. Pretrial Conference. Orr January 8, 2007, the Court will hold a Final Pretrial
Conference in Charrrbers with cotrnsel beginning at 4:30 p nr. Unless otherwise ordered by the
Cotrrt, the parties should assume that tiling the pretrial order satisfies the pretrial disclosure
requirenrerrt of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Cotrrt the

Case 1:05-cv-00022-MPT Document 55 Filed O9/16/2005 Page 4 of 4
joint proposed final pretrial order with the information required by the form of Final Pretrial Order
` which accompanies this Scheduling Order on or before December 1 l, 2006,
12. Motions in Limine. Motions in rrmrrra shall not be separately filed. All in Iirnirre
requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be
limited to Eve in lirrrinc requests, unless otherwise permitted by the Court. The in lirnine request and
any response shall contain the authorities relied upon; each in liminc request may be supported by
a maximum of five pages of argument and may be opposed by a maximum of five pages of
argument. if more than one party is supporting or opposing an in limine request, srrclr support or
opposition shall be combined in a single five (5) page strbrnission, unless otherwise ordered by the
Court No separate briefing shall be submitted on in limine requests, unless otherwise permitted by
the Court
I3. Jury instructions. Voir Dire. and Special Verdict Forms. Where a case is to be tried
to aiury, pursuant to Local Rules 47 and 5i the parties should file proposed voir riire, instructions
to the jury, and special verdict forms and jury interrogatories three full business days before the final
pretrial conference. That submission shall be accompanied by a computer diskette ( in WordPerfect
format) which contains the instructions, proposed voir dire, special verdict forms, and jury
interrogatories
I4 @. This matter is scheduled for a S day trial beginning at 9:30 a.m. on January 29,
2007. For the purpose ofcompleting pretrial preparations, counsel should plan on each side being
allocated a total ofeleven (l l) hours to present their case.
re n A. JORDAN
Ur ITED STATES Dl JUDGE.