Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00051-JJF Document 10 Filed 05/31 /2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT i
IN AND FOR THE DISTRICT OF DELAWARE
V as. 11101-1 co., mc., ;
I Plaintiff, CIVIL ACTION NO. 07-51
CLARENDON NATIONAL
INSURANCE COMPANY, ;
Defendant. ; l ‘ _ `
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by May 17, 2007 the
information retiuired by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2. .
2. J oinder of other Parties. All motions to join other parties shall be filed on or `
before June 15, 2007. l
3. Settlement Conference. Pmsuant 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
paities 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.
_ 4. Discovery.

Case 1 :07-cv-00051-JJF Document 10 Filed 05/31 /2007 Page 2 of 4
l l .
(a) ` " Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by October 31,
2007.
(b) Maximum of 2; interrogatories by each party to any other party.
(c) Maximum of _l_§_requests for admission by each party to any other party. _
(d) Maximum of Q depositions by plaintiff and _l_Q by defendant. - I
[Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed.]l
(e) Reports from retained experts reciuired by Fed. R. Civ. P. 26(a)(2) are due
from the plaintiff by November 3Q, 2007; from the defendant by December 31, 2007. _
(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 writingby the parties.
5. Discovery Disputes.
‘ (a) A party seeking discovery which the opposing party refuses to provide
( shall tile 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 beiiled within ive (5) days of service of the
motion. No reply is permitted.
. _2_

Case 1 :07-cv-00051-JJF Document 10 Filed 05/31 /2007 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 jjf__civ*[email protected]·ts.gov that the parties have completed briefing.
(d) Upon receipt of the movant's e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly. I n
V (e) There is no limit on the number of Rule 37 motions a party may file,
M unless otherwise ordered by the Court. (
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed l
on or before August 31, 2007. `
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and Eled with an opening brief on or before
February 15, 2008. Briefmg shall be pursuant to D. Del. LR 7.1.2. No casedispositive motion
i'
may be Bled more than ten (10) days iiom the above date without leave of the Comet.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the
{ Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the Local Rules
at of Civil Practice for the United States District Court for the District of Delaware (Amended
l
% Effective January 1, 1995). Any non—dispositive motion shall contain the statement required by
l I Defendant, Clarendon Nat’l Ins. Co., objects to the inclusion of this sentence in the Rule 16 Scheduling -
’ Order. Conversely, Plaintiff] BF Rich Co., Inc., wants to retain this sentence. p
§ . . -3- ·
r I

Case 1:07-cv-00051-JJF Document 10 Filed 05/31/2007 Page 4 of 4
D. Del. LR 7.1.1. Parties may file stipulated and unopposed Orders with the Clerk ofthe 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) p No facsimile transmissions will be accepted.
A (c) No telephone calls shall be made to Chambers. .
(d) Any party with a true emergency matter requiring the assistance ofthe
Court shall e—mail Chambers at: [email protected]. The e—1nail shall provide a short
statement describing the emergency.
_ 9. Pretrial Conference and Trial. After reviewing the parties' Proposed A -
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. Ifscheduling 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 ofthe Pretrial Conference.
l E 5 , rl ‘ ·.-r · \ . . .
39*- P} ( ' C ..;;:4 »— •
I ‘ · U A
DATE -T D STATES DISTRICT JUDGE
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