Free Scheduling Order - District Court of Delaware - Delaware

_ . Case 1 :08-cv-00174-SLR Document 14 Filed 07/O2/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
DIANA RUDDY, )
)
Plaintiff, ) C.A. No.; 1:08-CV-174SLR
)
v. )
)
LIFE INSURANCE COMPANY )
OF NORTH AMERICA, )
)
Defendant. )
ORDER
At Wilmington this lst day of July 2008, the parties having satisfied their obligations
under Fed. R. Civ. P. 26 (1), 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:
1. 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: 1) Ms. Ruddy's claim of long-
term disability under Group Policy No. LK-970011, and 2) Ms. Ruddy's claim of damages,
including her claim for attomeys’ fees under 29 U.S.C. §l l32(g)(l).
(b) All discovery shall be commenced in time to be completed by December 1, 2008.
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(c) Maximum of twenty interrogatories by each party to any other party.
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(d) Maximum of twenty (`%0_)\requests for admission by each party to any other party. 6**,**
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(e) Maximum of five '(\5_) depositions by plaintiff and ikqe (€g)_by defendant. bl!-·
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(f) Each deposition limited to a maximum of six (6) 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 January 9, 2009. Rebuttal expert reports due by February 9, 2009.
(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 September l, 2008.
4. Settlement Conference. Pursuant to 28 U. S. C. § 636, this matter is referred to a
Magistrate Judge for purposes of exploring ADR.
5. Summary Judgment Motions. All summary judgment motions shall be served and
filed with an opening brief on or before February 27, 2009. Briefing shall be pursuant to D. Del.
LR 7.1.2. No summary judgment motion may be filed 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
filed with the clerk. Unless 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.
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7. Motions in Limine. All motions Q limine shall be filed on or before [two we ks
before pre ' l conference]. All responses to said motions shall be filed on o efore [one
week before pretrial c · · erence].
8. Pretrial Conference. · e etrial conference will · ~ eld on at in
courtroom 6B, sixth floor Federal Building, l—‘ A K` · ; Street, Wilmington, Delaware. The
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Federal Rules of Civil Procedure and D. I I . LR 14 l• · shall govern the pretrial conference.
9. Trial. This matter is r eduled for a [day/week ommencing on in
courtroom 6B, sixth flo ederal Building, 844 King Street, Wilrriingto , elaware. For
purposes of c » pleting pretrial preparations, the parties should plan on being alloc .· d a total
nu •· er of hours in which to present their respective cases.
United States Disgct Judge
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