Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv-00626-JJF Document 49 Filed 06/21/2006 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICKY J. HAMBY, :
Plaintiff, ;
v. ; Civil Action No. 05-626-JJF
DR. ALI, DR. ARAMBURO, WARDEN ;
RAPHAEL WILLIAMS, COMMISSIONER:
STAN TAYLOR, DR. FISHER, and :
DIANE HERNANDEZ, :
Defendants. E
RULE 16 SCHEDULING ORDER
WHEREAS, the Court held a Status Conference in the above-
captioned action on June 20, 2006;
NOW THEREFORE, IT IS ORDERED that;
1. Pre-Discovery Disclosures. The parties will
exchange by Tuesday, June 27, 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 parties shall be filed on or before Friday, September 8,
2006.
3. Settlement Conference. Pursuant to 28 U.S.C. S
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 l
conference, the parties shall contact Magistrate Judge Thynge to ?
schedule a settlement conference so as to be completed no later J
than the Pretrial Conference or a date ordered by the Court.

Case 1:05-cv-00626-JJF Document 49 Filed 06/21/2006 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 Wednesday, November
8, 2006.
(b) Maximum of 25 interrogatories by each party to
any other party.
(c) Maximum of 25 requests for admission by each
party to any other party.
(d) Maximum of 10 depositions by plaintiff(s) and
10 by defendant(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) are due from the plaintiff(s) by Monday,
October 9, 2006; from the defendant(s) by Tuesday, October 24,
2006.
(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
5. Discovery Disputes. §
(a) Discovery disputes shall not be subject to (
motion practice, and any motions related to discovery shall be i
sua sponte denied by the Court. (
(

Case 1:05-cv-00626-JJF Document 49 Filed 06/21/2006 Page 3 of 4
(b) In lieu of motion practice, all discovery
disputes shall be presented to the Court at a Discovery Hearing
held on Tuesday, October 31, 2006, at 12:30 p.m. in Courtroom 4B
on the 4th Floor, Boggs Federal Building, Wilmington, Delaware.
6. 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 Wednesday, November
15, 2006. Any answer briefs shall be filed by Thursday, November
30, 2006, and any reply briefs shall be filed by Thursday,
December 7, 2006.
7. 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 1, 1995). Any
non—dispositive motion shall contain the statement required by D.
Del. LR 7.1.1. Parties may file 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. N
(b) No facsimile transmissions will be accepted. a
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter i
requiring the assistance of the Court shall e—mail Chambers at: S

I

Case 1:05-cv-00626-JJF Document 49 Filed 06/21/2006 Page 4 of 4
[email protected]. The e-mail shall provide a short
statement describing the emergency.
8. Pretrial Conference. A Pretrial Conference will be
held on Thursday, January 11, 2007 at 11:30 a.m. in Courtroom No.
4B on the 4th Floor, Boggs Federal Building, Wilmington,
Delaware. The Federal Rules of Civil Procedure and Rule 16.5 of
the Local Rules of Civil Practice for the United States District
Court for the District of Delaware (Amended Effective January 1,
1995) shall govern the pretrial conference.
9. Trial. Trial will commence on Tuesday, January
16, 2007, at 9:30 a.m. in Courtroom No. 4B on the 4th Floor,
Boggs Federal Building, Wilmington, Delaware.
June , 2 006
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