Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :08-cv-00219-SLR Document 8 Filed 07/O2/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THERESA NORTON HEATH, )
) C.A. N0. 1:08-cv-00219 SLR
Plaintiff, )
) IURY TRIAL DEMANDED
v. ) 3
)
NATIONAL INDEMNITY )
INSURANCE COMPANY, )
)
Defendant. )
SCHEDULING ORDER -
At Wilmington, this lb? day of glu , 2008, the parties, having satisfied .
their obligations under Fed. R. Civ. P. 2 (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 or will exchange by
July 1, 2008, 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: Plaintiff s injury and
insurance carrier payment coverage issues.
(b) All discovery shall be commenced in time to be completed by December
31, 2008.
(c) Maximum of thirty (30) interrogatories by each party to any other party.
(d) Maximum of thirty (30) requests for production by each party to any other
party-
(e) Maximum of five (5) depositions by Plaintiff and five (5) by Defendant.

Case 1:08-cv-00219-SLR Document 8 Filed 07/O2/2008 Page 2 of 3
(I;) Each deposition limited to a maximrun of six (6) hours unless extended by
A 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 1, 2008. Rebuttal expert reports due by
December 1, 2008.
(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 tiled on
or before August 30, 2008.
(4) Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to a
Magistrate Judge for the purposes of exploring ADR.
(5) Summary Judgment Motions. All summary judgment motions shall be served
and tiled with an opening brief on or before January 30, 2009. Briefing shall be pursuant to D.
Del. LR 7.1.2. No summary judgment motion may be tiled more than ten (10) days from the
above date without leave of the Court.
(6) Applications by Motion. Any application to the Court shall be by written motion
tiled with the Clerk. Unless otherwise requested by the Court, cotmsel shall not delivery copies
of papers or correspondence to chambers. Any non-dispositive motion shall contain the
statement required by D. Del LR 7.1.1.

Case 1:08-cv-00219-SLR Document 8 Filed 07/O2/2008 Page 3 of 3
MM] (M
(7) Motions in Limine. All motions Q lmiirg shall be filed on or before-two-weeks·
befor e. All responses to said motions shall be filed on or before `SLL
bef
(8) Pretrial Conference. A pretrial conference will be held on Haq! d0 , &0 0*]
at Lli PO Bm. in Courtroom 6B, sixth floor Federal Building, 844 King Street,
Wilmington, Delaware. The Federal Rules of Civil Procedme and D. Del. LR 16.4 shall govern
the pretrial conference.
(9) Trial. This matter is scheduled for a __Ll_ day(s),
jury trial commencing on {li/ne, 3, JD 0 7 in Courtroom 6B, sixth floor Federal
Building, 844 King Street, Wilmington, Delaware. For purposes of completing pretrial
preparations, the parties shall plan on being allocated a total number of hours in which to present
their respective cases.

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