Free Proposed Order - District Court of Delaware - Delaware

Case 1 :05-cv—00704-GIVIS Document 7 Filed 12/21 /2005 Page 1 of 4
IN THE UNITED STATES DISTRICT Court
FOR THE DISTRICT OF DELAWARE
JANE CZARNECKI ) C.A. No.: 05-704 (GMS)
)
Plaintiff, )
)
v. )
)
) J URY TRIAL DEMANDED
SMITH VOLKSWAGEN, LTD. )
a Delaware Corporation )
)
Defendant. )
SCHEDULING ORDER
This day of , 2005, the Court having conducted a Rule l6
Scheduling Conference pursuant to Local Rule l6.2(b) on December 19, 2005, and the parties having
determined after discussion that the matter cannot be resolved at this juncture by settlement,
voluntary mediation or binding arbitration;
IT IS ORDERED that:
1. Rule 26g ap Initial Disclosures: Unless otherwise agreed to by the parties, they shall
make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or before J anuaiy
13, 2006.
2. Joinder of other Parties and Amendment of Pleadings: All motions to join other
parties and amend the pleadings shall be filed on or before N/A .
3. Discovery: All discovery in this case shall be initiated so that it will be completed
on or before June 30, 2006.
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Case 1 :05-cv—00704-GIVIS Document 7 Filed 12/21 /2005 Page 2 of 4
a. Discovery and Scheduling Matters: Should cotmsel find they are unable to
resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at (302)
573-6470 to schedule a telephone conference. Not less than fo1ty—eight hours prior to the
teleconference, the parties shall file with the Court, via electronic means (CM/ECF), a joint, non-
argumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute. A sample
letter can be located on this Court’ s website at www.ded.uscourts.gov. Should the Court find further
briefing necessary upon conclusion ofthe telephone conference, unless otherwise directed, the party
seeking relief shall file with the Court a TWO PAGE LETTER, exclusive of exhibits, describing
the issues in contention. The responding party shall tile within five (5) days from the date of service
of the opening letter an answering letter of no more than TWO PAGES. The party seeking relief
may then file a reply letter of no more than TWO PAGES within three (3) days from the date of
service of the answering letter.
4. Confidential Information and Papers filed under Seal: Should counsel find it will
be necessary to apply to the Court for a protective order specifying terms and conditions for the
disclosure of confidential information, they should confer and attempt to reach an agreement on a
proposed form of order and submit it to the Court within ten (10) days from the date of this order.
When filing papers under seal, cotmsel should deliver to the Clerk an original and two copies ofthe
papers. E
{ If, after making a diligent effort, the parties are unable to agree on the contents of the
joint, proposed protective order, then they shall follow the dispute resolution process outlined
in paragraph 3(a).
5. C Settlement Conference: Pursuant to 28 U.S.C. §63 6, this matter is referred to the
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Case 1:05-cv—00704-Gl\/IS Document 7 Filed 12/21/2005 Page 3 of 4
United States Magistrate for the purpose of exploring the possibility of a settlement. lf the parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall contact
Magistrate Judge Thynge to schedule a settlement conference with counsel and clients.
6. Case Dispositive Motions: All case dispositive motions and an opening brief and
affidavits, if any, in support of the motion shall be served and tiled on or before July 14, 2006.
Briefing will be presented pursuant to the Court’s Local Rules, unless the parties agree to an
alternative briefing schedule. Any such agreement shall be in writing and filed with the Court for
the Court’s approval. Any request for extensions of time as set forth in this Scheduling Order must
be accompanied by an explanation of your request will be denied.
7. Applications by Motion: Except as provided in this Scheduling Order or for matters
relating to scheduling, any application to the Court shall be by written motion filed, via electronic
means (CM/ECF). Unless otherwise requested by the Court, counsel shall g deliver copies of
papers or correspondence to Chambers. Any non-dispositive motion should contain the statement
required by Local Rule 7.1.1.
8. Oral Argument: If the Court believes that oral argument is necessary, the Court will
schedule a hearing Pursuant to Local Rule 7.1.4.
9. Pretrial Conference: On January 16, 2007 at 10:00 a.m., the Court will hold a
Pretrial Conference in chambers with counsel. Unless otherwise ordered by the Court, the parties
should assume that filing the Pretrial Order satisfies the pretrial disclosure requirement in Federal
Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the Joint Proposed Final
Pretrial Order with the information required by the form of Final Pretrial Order on or before
December l8, 2006. A sample form of Pretrial Order can be located on this Court’s website at
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Case 1 :05-cv—00704-GIVIS Document 7 Filed 12/21 /2005 Page 4 of 4
www.ded.uscotuts.gov.
10. Trial: This matter is scheduled for a five (5) day jury trial beginning at 9:00 a.m. on
February 5, 2007.
1 1. Scheduling: The patties shall contact chambers, at (3 02) 573-6470, only in situations
where scheduling relief is sought and only then when ALL participating counsel is on the line for
purposes of selecting a new date.
UNITED STATES DISTRICT JUDGE
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