Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:06-cv-00278-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Estate of William J. Cox, by ANGELIA M. COX, Plaintiff v Thomas L. Carroll, Warden Delaware Defendant & First Correctional Medical-Delaware, LLC. Defendant and Commissioner Stanley Taylor Delaware Defendant and Joyce Talley, Bureau Chief of Defendant No: 06-278-SLR

O R D E R
At Wilmington this 18 t h . day of June 20070 , the parties having satisfied their obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling conference pursuant to Fed. R.Civ. P. 16 and D. Del. LR 16.2(a) and (b). IT IS ORDERED that:

1.

Pre-Discovery Disclosures. The parties will exchange
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by:

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July 30, 2007, the information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2.

2.

Discovery.
(a) Discovery will be needed on the following

subjects: Contractual Relationship, Contractual Disputes, Contractual Performance of Medical Care Providers and Delaware DOC. Life Circumstances, Health of the Decedent. (b) completed by (c) All discovery shall be commenced in time to be September 30, 2008. Maximum of 50 interrogatories by each party to

any other party. (d) Maximum of 50 requests for admission by each

party to any other party. (e) Defendantt. (f) Each deposition limited to a maximum of 7 unless extended by agreement. of parties. (g) hours Maximum of 10 depositions by plaintiff and 10 by

Reports from retained experts under Rule 26(a) (2)

on issues for which any party has the burden of proof due by June 2, 2008. Rebuttal expert reports due by August 4, 2008.

(h) Discovery Disputes. Any discovery dispute shall be
submitted to the court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is limited to two (2) Rule 37 motions. The court shall make itself available, however, to 2

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resolve through a telephone conference, disputes that arise during the course of a deposition and disputes related t o entry of a protective order.

3.

Joinder of other Parties, Amendment of Pleadings, and

Class Certification. All motions to join other parties, amend
the pleadings, and certify a class action shall be filed on or before August 15, 2007.

4.

Settlement Conference. Pursuant to 28 U.S.C. § 636,

this matter is referred to Magistrate Judge Thynge for the purposes of exploring ADR.

5.

Summary Judgment Motions. All summary judgment motions

shall be served and filed with an opening brief on or before October 20, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No summary judgment motion may be filed more than ten (10) days from the above date without leave of the court.

6.

Applications by Motion. Any application to the court

shall be by written motion filed with the clerk. Unless otherwise requested by the court, counsel shall not deliver copies of papers or correspondence to chambers. Any non-

dispositive motion shall contain the statement required by D. Del. LR 7.1.1. 7. Motions in Limine. All motions in limine shall be filed

on or before (two weeks before pretrial conference]. All responses to said motions shall be filed on or before (one week 3

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before pretrial conference]. 8.
on

Pretrial Conference. A pretrial conference will be held
at _____ m. in courtroom 6B, sixth floor

Federal Building, 844 King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall govern the pretrial conference. 9. Trial. This matter is scheduled for a [day/week] bench/jury trial commencing on _______________________ in

courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. For purposes of completing pretrial preparations, the parties should plan on being allocated a total number of hours in which to present their respective cases.

United States District Judge

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