Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv—00820-KAJ Document 16-2 Filed 07/18/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
C&D CONTRACTORS, INC., )
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Plaintiff, )
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v. ) Civil Action No. 05-820-KAJ
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TONI WILSON, )
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Defendant. )
PROPOSED FINAL PRETRIAL ORDER
This matter comes before the Court at a final pretrial conference held pursuant to
Rule 16, Federal Rules of Civil Procedure.
PIaintiff(s) Counsel:
Defendant(s) Counsel:
I. Nature of the Case
The parties should prepare a brief statement ofthe nature ofthe case including the
claims of the parties (personal injury, federal tort claim, breach of contracts, etc.). The
principal purpose of this statement is to assist the Court in explaining the case to
prospective jurors upon selection of a jury.
ll. Jurisdiction
A. This is an action for:
(State the remedy sought, such as damages, injunctive or declaratory relief.)

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B. Thejurisdiction ofthe Court is not disputed (or, ifthe issue has not previously
been raised, the basis on which jurisdiction is contested).
1. lf not disputed, state the statutory, constitutional or other basis of
jurisdiction.
lll. Uncontroverted Facts
The following facts are not disputed or have been agreed to or stipulated to by the
parties:
(This section should contain a comprehensive statement of the facts which will
become a pant of the evidentiary record in the case and which, in jury trials, may be read
to the jury.)
IV. Agreed to Issues of Law
The panties agree that the following are the issues to be decided by the Court:
V. Witnesses (Please note those who will testify by deposition.)
A. List of witnesses the plaintiff expects to call, including experts:
1. Expert witnesses.
2. Non—expert witnesses.
B. List of witnesses defendant expects to call, including experts:
1. Expert witnesses.
2. Non-expert witnesses.
C. lfthere are any third parties to the action, they should include an identical list
of witnesses as that contained in Parts A and B above.
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D. Rebuttal Witnesses. Each ofthe parties may call such rebuttal witnesses
as may be necessary, without prior notice thereof to the other party.
VI. Exhibits
As set forth in Local Rule 16.4(d)(6), "A list of pre—marl designations of interrogatories and answers thereto, request for admissions and
responses, which each party intends to offer at the trial with a specification of those which
will be admitted in evidence without objection, those that will be objected to and the
Federal Rule of Evidence in support of said objection and the Federal Rule of Evidence
relied upon by the proponent ofthe exhibit."
VII. Damages
An itemized statement of all damages, including special damages.
VIII. Bifurcated Trial
Indicate whether the parties desire a bifurcated trial, and, if so, why.
IX. Trial Briefs
Motions in Iimine shall not be separately filed. Any in Iimine requests shall be set
forth, with citation to authorities and brief argument, in the proposed pretrial order. Each
party shall be limited to five in Iimine requests, unless otherwise permitted by the Court.
Briefing shall not be submitted on in Iimine requests, unless otherwise permitted by the
Court.
X. Limitations, Reservations and Other Matters
A. Length of Trial. The probable length of trial is __ days. The case will
be listed on the trial calendar to be tried when reached.
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Mark appropriate box: Jury
Non-jury
B. Number of Jurors. There shall be sixjurors and alternate jurors.
C. Jury Voir Dire. The Court will conduct voir dire. lf voir dire questions are to
be tendered, they should be submitted with the final pretrial order.
IT IS ORDERED that this Final Pretrial Order may be modified at the trial of the
action, or prior thereto, to prevent manifest injustice or for good cause shown. Such
modification may be made either on application of counsel for the parties or on motion of
the Court.
DATED:
UNITED STATES DISTRICT JUDGE
APPROVED AS TO FORM AND
SUBSTANCE:
ATTORNEY FOR PLAINTIFF(S)
ATTORNEY FOR DEFENDANT(S)
NOTE: Where a third-party defendant is joined pursuant to Rule 14(a) ofthe
Federal Rules of Civil Procedure, the pretrial order may be suitably modified. The initial
page may be modified to reflect the joinder. List attorney’s name, address, and
telephone number.
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