Free Order - District Court of Delaware - Delaware

· ~ * Case 1 :07—cvQ00051—JJF Document 18 Filed 10/17/2007 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
B.F. RICH CO., INC.,
plaintiff, CIVIL ACTION NO. 07-51
V.
CLARENDON NATIONAL
INSURANCE COMPANY, ;
Defendant.
STIPULATED AMENDED SCHEDULING ORDER
WHEREAS, the Court entered a scheduling order on May 31, 2007 (“Scheduling Order")
and
WHEREAS, plaintiff B.F. Rich Co., Inc. and defendant Clarendon National Insurance
Company (collectively, the "Parties") although actively engaged in moving this action forward
have found that the deadlines set forth in the Scheduling Order are unworkable due to
defendant’ s counsel’ s trial obligations at the end of the discovery period; and
WHEREFORE, the Parties now wish to seek the Cou1t’s permission to extend all
deadlines in this action in order to more effectively and efficiently prepare their cases.
NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED by and among the
Parties to this action, through their respective counsel, that the current schedule in this Action, as
set forth in the Scheduling Order, is extended by an approximate thirty (30) days, more
particularly as follows:

7 · s Case 1:07-cv-00051 Document 18 Filed 10/17/2007 Page 2 of 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 30,
QQQ
(b) Maximum of 2i interrogatories by each party to any other party.
(c) Maximum of Qrequests for admission by each party to any other party.
(d) Maximum of 1Q depositions by plaintiff and Q by defendant. 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 plaintiff by December 31, 2007; from the defendant by January 31, 2008.
(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.
Discovery Disputes.
(g) A patty 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 filed within five (5) days of service of the
motion. No reply is permitted.
(h) 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.
(i) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at [email protected]·rts.gov that the patties have completed briefing.
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· . ( Case 1 :07-cv-00051-JJF Document 18 Filed 10/17/2007 Page 3 of 4
(i) Upon receipt of the movant's e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
(k) There is no limit on the number of Rule 37 motions a party may file,
unless otherwise ordered by the Court.
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, 2008.
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.
Applications by Motion.
(1) 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. 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.
(m) No facsimile transmissions will be accepted.
(n) No telephone calls shall be made to Chambers.
(0) Any party with a true emergency matter requiring the assistance of the
Court shall e—mail Chambers at: [email protected]. gov. The e—mail shall provide a short
statement describing the emergency.
Pre-trial Conference. May 8, 2008, at 10:30 a.m. in Courtroom 4B

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Trial.
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.
All other aspects of the Scheduling Order shall remain unchanged.
SAUL EWING, LLP PRICKETT, JONES & ELLIOTT, P.A.
/s/ Kimberly L. Gattuso fs! Paul M. Lukoff
Kimberly L. Gattuso (No. 3733) Paul M. Lukoff (No. 96)
222 Delaware Avenue, Suite 1200 1310 King Street
P.O. Box 1266 P.O. Box 1328
Wilmington, DE 19801 Wilmington, DE 19899
(302) 421-6868 (302) 888-6520
(302) 421-5871 (fax) (302) 658-8111 (fax)
[email protected] [email protected]
Attorneys for B.F. Rich Co., Inc. Attorneys for Clarendon National Ins. Co.
DATED: October 12, 2007
IT IS SO ORDERED this Z day of , 2007
E 1 qw--~ .
Uni States Di ct Judge 7
552567.1 l0I12/07 -4-