Free Scheduling Order - District Court of Delaware - Delaware

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Date: June 29, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv-00132-JJF Document 7 Filed 06/29/2007 Page 1 of 4
Plaintiff, g
vs. g Civil Action 07—l32-JJF
Defendant. g
The parties having satisfied their obligations under Fed. R. Civ. P. 26(i),
l. Pre—Discovery Disclosures. The parties will exchange by July 13, 2007 the
disclosures required by Fed. R. Civ. P. 26(a)(l).
2. Joinder of other Parties. All motions tojoin other parties shall be filed on or before
December 7, 2007.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge 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
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than
the Pretrial Conference or a date ordered by the Court.

Case 1:07-cv-00132-JJF Document 7 Filed 06/29/2007 Page 2 of 4
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
November 2, 2007. If, afier November 2, 2007, a party deems additional written
discovery to be necessary, the parties may agree in writing to allow further wntten
discovery for a limited purpose or that party may seek leave of Court.
(b) Maximum of 30 interrogatories by each party to any other party.
(c) Maximum of 20 requests for admission by each party to any other party.
(d) Maximum of 10 depositions by plaintiffis) and by defendant(s). Depositions shall
not commence until the discovery required by Paragraph 4 (a, b and c) is
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due from
the plaintiff(s) by March 17, 2008; from the defendant(s) by April 18, 2008.
(f) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than forty-five (45) days from service of the Defendant’s
expert report, unless othewvise agreed to in writing by the parties. It is agreed that
Defendant may depose Plaintiff”s expert first.
5. 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
mnt; aacmci

Case 1:07-cv-00132-JJF Document 7 Filed 06/29/2007 Page 3 of 4
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 filed within
five (5) days of service of the motion. No reply is permitted.
(b) All papers shall set fonh in a plain and concise manner the issue(s) in dispute, the
pai1y’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
jj that the parties have completed brieiing.
(d) Upon receipt of the movant’s e-mail, 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 file, unless
otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be tiled on
or before February l, 2008.
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 June 15,
2008. Briefing shall be pursuant to D. Del. LR 7.i.2 and 7.1.3. No case dispositive motion may
be filed more than ten (10) days from the above date without leave ofthe Coun.
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 t.he United States District Court for the District of

Case 1:07-cv-00132-JJF Document 7 Filed 06/29/2007 Page 4 of 4
Delaware (Amended Effective June 30, 2007). Any non-dispositive motion shall
contain the statement required by D. Del. LR 7.1.1. Parties may tile 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: jjf_civil@ded.uscour“ 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
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