Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv-00818-JJF Document 7 Filed O1/10/2006 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HSMY, Incorporated, )
a Delaware Corporation, )
a/k/a H.S.M.Y., Inc., )
)
Plaintiff )
) C.A. No. 05-818 (JJF)
v. )
)
GETTY PETROLEUM MARKETING )
INC., a Maryland Corporation. )
)
Defendant. )
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(U,
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by January 3l, 2006 the
information required by Fed. R. Civ. P. 26 (a) (1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other patties shall be filed on or
before February 24, 2006.
3. Settlement Conference. Pursuant 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
parties 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.
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Case 1:05-cv-00818-JJF Document 7 Filed O1/10/2006 Page 2 of 4
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 October 15,
2006.
(b) Maximum of 25 interrogatories by each party to any other party.
(c) Maximum of 10 requests for admission by each party to any other party.
(d) Maximum of 6 depositions by plaintiff`(s) and 6 by defendants(s). 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) ar due
f`rom the plaintiff`(s) by January 26, 2007; from the defendant(s) by March 9, 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 writing by the parties.
5. Discovery Disputes.
(a) A party 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.
(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
[email protected] that the parties have completed briefing.
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Case 1:05-cv-00818-JJF Document 7 Filed O1/10/2006 Page 3 of 4
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may tile, unless
otherwise ordered by the Court.
6. Amendment ofthe Pleadings. All motions to amend the pleadings shall be filed
on or before September 15, 2006.
7. 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 16,
2007. Briefing shall be pursuant to D. Del. L.R. 7.1.2. No case dispositive motion may be filed
more than ten (10) days from the above date without leave of the Court. _
8. Applications by Motion.
(a) 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 l, 1995). Any non—dispositive motion shall contain the statement required by
D. Del. LR 7.1.1. Parties may tile 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.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of the Court
shall e-mail Chambers at: [email protected]. The e-mail shall provide a short statement
describing the emergency.
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Case 1:05-cv-00818-JJF Document 7 Filed O1/10/2006 Page 4 of 4
9. Pretrial Conference audi'- Trial. After reviewing the parties’ Proposed
l
Scheduling Order, the Coun 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. lf 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 ofthe Pretrial Conference.
D I
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