Free Proposed Order - District Court of Delaware - Delaware

Case 1:O7—cv-00735-JJF Document 12 Filed O1/O3/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
KATHRYN L. FITZGIBBON, :
LAUREN M. FLEMING, and :
ALL SIMILARLY SITUATED CURRENT :
. AND FORMER EMPLOYEES OF :
ING BANK, fsb, AND ITS WHOLLY :
OWNED SUBSIDIARIES, :
Piaimirrs, Q
: C.A. NO. 07-735 (UF)
v.
ING BANK, fsb, (a Delaware corporation),
and ALL OTHER WHOLLY OWNED : JURY TRIAL DEMANDED
SUBSIDIARIES OF ING BANK, fsb, :
WHICH HAVE EMPLOYED :
SIMILARLY SITUATED CURRENT :
AND FORMER EMPLOYEES SINCE :
November 16, 2004, :
Defendants.
DEFENDANT ING BANK, fsb’s PROPOSED SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (t),
IT IS ORDERED that:
l. Pre—Discovery Disclosures. The parties will exchange by February 29,
2008 the information required by Fed. R. Civ. P. 26 (a) (l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other paities shall be filed
no later than thirty (30) days after completion of fact discovery.
3. Discovery.

Case 1:O7—cv-00735-JJF Document 12 Filed O1/O3/2008 Page 2 of 4
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by
August 15, 2008.
(b) Maximum of 40 interrogatories by each named Plaintiff and Defendant to
any other party. -
(c) Opt-in plaintiffs, if any, will have a maximum of 25 interrogatories.
(d) Maximum of 25 requests for admission by each party to any other party.
(e) Maximum of 10 depositions by plaintiffs and 10 by defendant.
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c)
are completed. All depositions of fact witnesses must be completed by October 15,
2008.
(f) Reports from retained experts required by Fed. R. Civ. P. 26 (a) (2) are p
due from the plaintiff by November 15, 2008; from the defendants December 15, 2008.
(g) 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.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to
provide shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) pages.
An Answer to the Rule 37 motion, not to exceed four (4) pages, shall be tiled within five
(5) days of service of the motion. No reply is permitted.
2

Case 1:O7—cv-00735-JJF Document 12 Filed O1/O3/2008 Page 3 of 4
(b) All papers shall set forth in a plain and concise manner the issue(s)
in dispute, the party’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by
e·mail at j jf [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s email, the Court will determine
whether a conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may
tile, unless otherwise ordered by the Court.
5. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before February 15, 2008.
6. Plaintiffs’ motion for class certification shall be filed by January 15,
2009.
7. In the event Plaintiffs’ motion for class certification is granted, the parties
shall confer and propose a schedule to the Court for the completion of additional
discovery related to class member claims and any needed adjustment of other deadlines
contained herein. At the end of this additional discovery period, defendant shall have the
opportunity to file a motion for decertitication.
8. 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 15, 2009. Answering Briefs shall be due twenty—one (21) days after the
Opening Brief is filed and Reply Briefs shall be filed eleven (11) days after the
Answering Briefs are filed. No case dispositive motion may be filed more than fifteen
(15) days from the above date without leave of the Court.
3

Case 1:O7—cv-00735-JJF Document 12 Filed O1/O3/2008 Page 4 of 4
9. 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 January 1, 1995). Any non-dispositive motion shall
contain the statement required by D. Del. LR 7.1.1. Briefs shall be limited to no more
than ten (10) pages. Parties may file stipulated and unopposed Orders with the Clerk of
the Couit 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. V
(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: jjf [email protected]. The e-mail shall provide
a short statement describing the emergency.
10. Pretrial Conference and Trial. After reviewing the pa1ties’ 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. lf 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.
EFT?
4

Case 1:07-cv-00735-JJF

Document 12

Filed 01/03/2008

Page 1 of 4

Case 1:07-cv-00735-JJF

Document 12

Filed 01/03/2008

Page 2 of 4

Case 1:07-cv-00735-JJF

Document 12

Filed 01/03/2008

Page 3 of 4

Case 1:07-cv-00735-JJF

Document 12

Filed 01/03/2008

Page 4 of 4