Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00891-SLR Document 8-2 Filed 05/15/2006 Page 1 of 4
. UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LINDA J. BLOZIS,
Plaintiff, CIVIL ACTION NO. 05-891 (SLR)
·
MELLON TRUST OF DELAWARE,
NATIONAL ASSOCIATION, a
Pennsylvania Corporation; MELLON Q SCHEDULING ORDER
BANK, NATIONAL ASSOCIATION
(formerly, MELLON BANK (DE)
NATIONAL ASSOCIATION), a
Pennsylvania Corporation; and
MELLON FINANCIAL CORPORATION,
a Pennsylvania Corporation, E
Defendants.
At \/Wlmington this day of May 2006, the parties having satisfied their obligations
under Fed. R. Civ. P. 26, and the Court having conducted a Scheduling Conference pursuant
to Fed. R. Civ. P. 16 and D. Del L.R. 16.2,
IT IS ORDERED that:
1. Pre-Discovery Disclosures:
The parties will exchange their Rule 26 Initial Disclosure Statements in accordance with
Fed. R. Civ. P. 26(a)(1) and D. Del. L.R. 16.2 by May 15, 2006.
2. Discovery Plan: .
(a) Plaintiff Linda J. Blozis ("Plaintiff") and Defendants Mellon Trust of Delaware,
National Association, Mellon Bank, National Association, and Mellon Financial Corporation
(collectively, "Defenclants"), by and through their respective counsel, agree that discovery will
be needed on the subject of Plaintiffs employment and her separation from that employment,
as well as Plaintiffs post—employment mitigation of damages and alleged emotional and

Case 1:05-cv—00891-SLR Document 8-2 Filed 05/15/2006 Page 2 of 4
psychological injuries.
(b) All discovery shall be commenced in time to be completed by March 30, 2007.
Discovery will be conducted in two (2) separate phases, including a factual discovery phase, to
be concluded by December 29, 2006, and an expert discovery phase, to be concluded by
March 30, 2007.
(c) The parties will adhere to the limit of twenty-Eve (25) interrogatories, including
sub-parts, as set forth in Federal Rules of Civil Procedure 33(a), subject to the right of any
party to seek leave of Court to propound additional interrogatories. The parties will also serve
and respond to all requests for the production of documents and/or admissions in accordance
with the Federal Rules of Civil Procedure and the Local Rules of the United States District
i Court for the District of Delaware.
(d) initial disclosures and all discovery responses must be supplemented or
amended in accordance with Federal Rule of Civil Procedure 26(e)(1) and consistent with the
Local Rules of the United States District Court for the District of Delaware.
(e) The parties will also adhere to the limitation of ten (10) depositions per side set
forth in Fed. R. Civ. P. 30(a)(2)(A), along with a limitation of one (1) day, seven (7) hours per
deposition pursuant to Fed. R. Civ. P. 30(d)(2), subject to the right of any party to seek leave of
Court or consent from opposing counsel for additional time needed to conduct a fair
examination of any deponent. Depositions of all witnesses, including parties, shall be
scheduled in advance at a mutuaIly—convenient time for the parties and all counsel.
(f) insofar as most records related to this matter were prepared in hard copy, few
digital records or other information exist. Nonetheless, to the extent that any digital information
exists relevant to this matter, the parties will preserve any and all such information concerning
the subject matter of the action, including any claims or defenses asserted herein. Each party

Case 1:05-cv—00891-SLR Document 8-2 Filed 05/15/2006 Page 3 of 4
shall bear its own costs in preserving such information. Counsel for the parties will also
consider requests for protective or other conhdentiality orders as the need may arise through
the course of discovery.
(g) Plaintiffs expert reports, if any, must be served on or before January 30, 2007.
(h) Defendants’ expert reports, if any, must be served on or before February 28,
2007.
(i) Depositions of any expert witnesses shall be completed by March 30, 2007.
(j) The parties have until June 30, 2006 to tile any amended pleadings or join
additional parties without leave of Court. Thereafter, the parties must seek leave of Court to
join any additional parties and/or amend the pleadings.
(k) The parties shall make all good faith, reasonable efforts to resolve discovery ·
disputes independently between them. lf, after conferring in good faith, the parties are unable ‘
to resolve any discovery dispute, they may submit their dispute to the Court pursuant to Fed.
R. Civ. P. 37. During the course of discovery, each party is limited to two (2) Rule 37
discovery motions. The Court shall make itself available, however, to resolve through a
telephone conference, disputes that arise during the course of a deposition and disputes
related to the entry of a protective order.
(l) All other non—dispositive applications to the Court, not addressed above, shall be
g by written motion tiled 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
include the statement required by D. Del. L.R. 7.1.1.
(m) Opening Briefs for Summary Judgment Motions or other dispositive motions must
be served and Hled no later than ll/larch 1, 2007, or, if the discovery end—date is extended,

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within thirty (30) days following the completion of all fact-based discovery. Briefing shall be
pursuant to D. Del. L.R. 7.1.2. Sur-Reply Briefs shall not be permitted without leave of Court.
(n) A Pre-Trial Conference shall be held on June 5, 2007 at 4:30 p.m. ln Courtroom
6B, Sixth Floor, Federal Building, 844 King Street, Vlhlmington, DE. The parties shall prepare
and submit a Joint Pre-Trial Order no later than three (3) days prior to the date of the Pre-Trial
Conference.
(o) All motions in Iimine must be Hled and served no later May 22, 2007, and all
responses to said motions shall be Hled and served no later than May 29, 2007. Reply Briefs
may be Hled and served upon leave of Court.
(p) This matter will be scheduled for a July Trial commencing June 18, 2007, which
Trial is anticipated to take approximately tive (5) to seven (7) days. For purposes of
completing Pre-Trial preparations, the parties should plan on being allocated a total number of
hours in which to present their respective cases.
3. Settlement Conference:
Because the parties agree that settlement or prompt resolution may be assisted through
Mediation or other form of Alternate Dispute Resolution following some discovery, this matter
is referred to the Hon. Mary Pat Thynge, U.S.M.J. pursuant to 28 U.S.C. § 636 for the purpose
of exploring same.
Hon. Sue L. Robinson, Chief U.S.D.J.