Free Scheduling Order - District Court of Delaware - Delaware

Case 1:08-cv-00205-JJF Document 9 Filed 08/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KIA THOMAS and JEROME PITTS, SR., as :
Guardians ad Litem for J :
P , a minor, :
Plaintiff, : C.A.No. 08-205-JJF
v. :
BOARD OF EDUCATION OF THE :
BRANDYWINE SCHOOL DISTRICT; :
JOSEPH BRUMSKILL, MARK HUXSOLL, :
SANDRA SKELLEY, OLIVIA JOHNSON- :
HARRIS, CRAIG GILBERT, DEBRA :
HEFFERNAN and NANCY DOOREY, all :
individually and in their official capacities as :
members of the Board of Education of the :
Brandywine School District; BRUCE HARTER, :
individually and his official capacity as :
Superintendent of the Brandywine School :
District; and RACHEL HOLT, individually, :
Defendants. :
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 September 12, 2008 the
information required by Fed. R. Civ. P. 26(a)( 1) and D. Del. LR 16.1.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before December 12, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. §63 6, this matter is referred to

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Magistrate Judge _ for the purposes of exploring the possibility of a
settlement. If the parties agree that they would benefit from a settlement conference, the parties
shall contact the Magistrate Judge 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.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by February 13,
@
(b) Maximum of Q interrogatories by each party to any other party.
(c) Maximum of Q requests for admission by each party to any other
PEUTY-
(d) Maximum of Q depositions by plaintiff(s) and 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 party with the burden of proof on the issue the expert is offered by November 17,
@ and December 17, 2008 for rebuttal.
(f) 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. Non-Case Dispositive Motions.
(a) Any non-case dispositive motion, along with an Opening Brief, shall
be filed with a Notice of Motion. The Notice of Motion shall indicate the date on which the

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movant seeks to have the motion heard. The hearing date selected shall allow time for filing of
the motion, allow for briefing in accordance with the Federal and Local Rules, and shall permit
all briefing to be filed no later than 12:00 noon the Friday before the motion day on which it is to
be heard. Available motion dates will be posted on the Court’s website at:
http://www.ded.uscourts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (10) minutes to
argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent
to Chambers by—emai1 at:
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before Januag; 16, 2009.
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 March 13,
@. 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. The parties shall follow
the Court’s procedures for summary judgment motions which is available on the Court’s website
at: l1ti:p:E!x>x-· ww. ded. usco time . [email protected] i;iI_l§i`·il n .1u.m
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 June 30, 2007). Any nondispositive motion shall contain the statement required by
D.Del. LR 7.1.1 and be made in accordance with the Court’s February 1, 2008 Order on

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Procedures for filing non-dispositive motions in non-patent cases (pro se cases excluded). Briefs
shall be limited to no more than ten (10) pages. Parties may file 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.
(d) Any party with a true 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. 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 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
of the Pretrial Conference.
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