Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-01339-SLR Document 64 Filed 12/14/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHAMROCK HOLDINGS OF )
CALIFORNIA, INC., SHAMROCK )
CAPITAL ADVISORS, INC., )
EUGENE I. KRIEGER, GEORGE J. )
BUCHLER and BRUCE J. STEIN, )
)
Plaintiffs, ) Civil Action No.: O4—l339—SLR
)
v. )
)
AVIE ARENSON, SELK, LLC, )
LAUREL EQUITY GROUP, LLC, )
Jl2ALH ASSOCIATES, A. ARENSON )
HOLDINGS, LTD AND D.A. )
GARDENS, LTD. ) .
)
Defendants. )
> H
O R D E R
At Wilmington this P%W~ day of December 2005, the
parties having satisfied their obligations under Fed. R. Civ. P.
26(f), and the court having conducted a pretrial scheduling
` conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2{a)
and (b).
IT IS ORDERED that:
l. Pre—Discovery Disclosures. The parties have exchanged
the information required by Fed. R. Civ. P. 26(a)(l) and D. Del.
LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following
subjects: the formation, initial funding and subsequent funding
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. Case 1:04-cv-01339-SLR Document 64 Filed 12/14/2005 Page 2 of 4
of ALH Holdings, LLC, ALH II, Inc. and subsidiaries (hereafter
“ALH"); the business, operations, management, financing and
financial condition (including litigation liabilities) of ALH;
the governance and affairs of ALH and the parties' participation
therein; consulting and other services provided by the parties
to ALH and payments in connection therewith; the sale of ALH and
use of proceeds thereof; the possible purchase of the Class A
equity of ALH by the holders of the Class B equity of ALH; the
legal and financial advisors of ALH; the indemnification rights
of certain parties in connection with ALH; the March 15, 1999
SELK Guarantee; the July 1, 2001 Lion LLC Settlement Agreement;
and the December 17, 2004 Settlement Agreement and Mutual
Releases.
(b) All discovery shall be commenced in time to be
completed by December 1, 2006.
(c) Maximum of 30 interrogatories by each side to the
other side.
(d) Maximum of 50 requests for admission by each side
to the other side. The parties agree that requests for
admission will be served not less than 60 days before the
deadline for completion of all discovery.
(e) Maximum of 20 depositions by plaintiffs and 20
depositions by defendants. The parties anticipate that there
will be significant overlap in the individuals deposed by
plaintiffs and defendants.
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Case 1:04-cv-01339-SLR Document 64 Filed 12/14/2005 Page 3 of 4
(f) Each deposition, other than of George J. Buchler,
Eugene I. Krieger, Bruce J. Stein, Avie Arenson, Shalom Lamm,
Michel Konig, William R. Lanius and John Laguardia, shall be
limited to a maximum of seven (7) hours unless extended by
agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2)
on issues for which any party has the burden of proof due by
October 2, 2006. Rebuttal expert reports due by 30 days before
November l, 2006.
(h) Discovery Disputes. Any discovery dispute shall
be submitted to the court pursuant to Fed. R. Civ. P. 37. During
the course of discovery, 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 of a deposition and disputes related to entry
of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and
Class Certification. All motions to join other parties, amend
the pleadings, and certify a class action shall be filed on or
before January 20, 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
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otherwise requested by the court, counsel shall not deliver
copies of papers or correspondence to chambers. Any non-
dispositive motion shall contain the statement required by D.
Del. LR 7.1.1.
7. Motions in Limine. All motions in limine shall be
filed on or before January 18, 2007. All responses to said
motions shall be filed on or before January 25, 2007.
8. Pretrial Conference. A pretrial conference will be held
on February 1, 2007 at 4:30 p. m. 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.
9. Trial. This matter is scheduled for an eight day bench
trial commencing on February 20, 2007 in 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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