Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00387-JJF Document 9 Filed 12/17/2007 Page 1 of 2
Eckert Seamans Cherin 81 I\/Iellott, LLC TEL 302 425 0430
? ‘‘” V,,V_ __Vy"%V__ 300 Delaware Avenue, Suite 1210 FAX 302 425 0432
Wilmington, DE 19801 wvx/w.eckertseamans.com
. Margaret F. England
I (302) 425-0430
[email protected]
December 17, 2007
Via Hand Delivery
The Honorable Joseph J. Farnan, Jr.
United States District Court
J. Caleb Boggs Federal Building
844 North King Street
Wilmington, DE 19801
Re: Delsie E. Brookens v. General Motors Corporation, et al.
United States District Court, District of Delaware
Case No. 07-387gJJF1
Dear Judge Farnan:
On November 30, 2007, you sent a letter to both Plaintiff and Defense counsels
ordering that we comply with Fed. R. Civ. Proc 16(b) and Local Rule 16.2 and submit a
Proposed Pretrial Scheduling Order on or before today, Monday, December 17, 2007.
Since receiving your letter, I have attempted to contact Plaintiffs counsel without
success. As such, we propose the following schedule to govern Pre—'l`rial deadlines.
In this case, Plaintiff has alleged violations of ERISA, 29 U.S.C. §1l01 et seq,
Because there is no discovery in ERISA cases, Defendants submit the following as their
Proposed Pretrial Scheduling Order:
1. Submission of Administrative Record: Defendants propose filing the
administrative record on or before January 31, 2008.
2. Joinder of other parties: All motions to join other parties shall be filed on
or before January 15, 2008.
3. Identification of Procedural Defect: To date Plaintiff has not identified any
underlying procedural defect. If such a defect will be identified, it should be identified
by January 15, 2008.
4. Amendment of the Pleadings: All motions to amend the pleadings shall be
filed on or before January 15, 2008.
WILMINGTON, DE PITTSBURGH, PA HARRISBURG, PA PHILADELPHIA, PA BOSTON, NIA WASHINGTON, DC
I\/IORGANTOWN, WV SOUTHPOINTIE, PA WHITE PLAINS, l\IY

Case 1:07-cv-00387-JJF Document 9 Filed 12/17/2007 Page 2 of 2
EEK e11
The Honorable Joseph J . Farnan, Jr.
United States District Court
December 17, 2007
Page 2
5. 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 31, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case
dispositive motion may be filed more than ten (10) days after the above date without
leave of the Court.
6. Applications by Motion: Any applications for non-dispositive motions
shall be in writing and comply 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.
Briefs shall be limited to no more than ten (10) pages.
7. 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. 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.
If you have any questions, or wish to discuss this matter further, feel free to
contact me.
Respectfully,
fttlla tgt? Qi {.,7
Margaret . England
cc: David M. Davis, Esq. (via facsimile)
John Stull, Esq. (via First Class Mail)
WILMINGTON, DE PITTSBURGH, PA I-IARRISBURG, PA PHILADELPHIA, PA BOSTON, MA WASHINGTON, DC
MORGANTOWN, WV SOUTHPOINTE, PA WHITE PLAINS, NY