Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv-00580-Gl\/IS Document 11 Filed 02/16/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LISA DAVIS )
Plaintiff g
v. l Civil Action No: 05-580 GMS
McCULLOUGH & McKENTY, P.A., g
et al. )
Defendants )
SCHEDULING ORDER
The Court having conducted a scheduling conference on January 13, 2006, and a further
telephone conference on February 10, 2006, 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:
l. Rule 26(a) Initial Disclosures. The parties shall make their initial disclosures pursuant
to Federal Rule of Civil Procedure 26(a) on or before March 10, 2006.. _
2. Discovery. All fact discovery in this case shall be initiated so that it will be completed
on or before June 12, 2006. Expert discovery in this case shall be initiated so that it will be
completed on or before July 12, 2006. Expert reports shall be served on or before June 12, 2006,
and rebuttal expert reports shall be served on or before July 12, 2006. Expert depositions shall
completed by September 12, 2006.
a. Discovery Matters. Should counsel find they are unable to resolve a discovery
matter, the party seeking the relief shall contact chambers at (302) 573-6470 to schedule a telephone
conference. Not less than forty-eight hours prior to the conference, by hand delivery or facsimile at

Case 1:05-cv-00580-Gl\/IS Document 11 Filed 02/16/2006 Page 2 of 4
l
(302) 573-6472, the party seeking relief shall file with the court a letter agenda not to exceed two
(2) pages outlining the issues in dispute. Should the court find further briefing necessary upon
conclusion ofthe telephone conference, the court shall order the party seeking relief to file with the
court a TWO PAGE LETTER, exclusive of exhibits, describing the issues in contention. The
responding party shall file 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 ofthe answering letter.
3. 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 l0 days from the date of this order. When
filing papers under seal, counsel should deliver to the Clerk an original and two copies ofthe papers.
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).
4. Case Dispositive Motions. All case dispositive motions and an opening brief and
affidavits, if any, in support ofthe motion shall be served and filed on or before October 12, 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.
5. Applications by Motion. Except as provided in this Order or for matters relating to
scheduling, any application to the Court shall be by written motion filed with the Clerk. Unless

Case 1:05-cv-00580-Gl\/IS Document 11 Filed 02/16/2006 Page 3 of 4
otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to
Chambers. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
6. Oral Argument. If the Court believes that oral argument is necessary, the Court will
schedule a hearing Pursuant to Local Rule 7.1.4.
7. Pretrial Conference. On Wednesday, January 24, 2007, the Court will hold a Pretrial
Conference in Chambers with counsel begimiing at 11:00 a.m. 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). Thirty (30) days before the joint proposed
pretrial order is due, plaintiffs counsel shall forward to defendant’s counsel a draft of the pretrial
order containing the information plaintiff proposes to include in the draft. Defendant’ s counsel shall,
in turn, provide to plaintiff s counsel any comments on the plaintiff s draft as well as the information
defendant proposes to include in the proposed pretrial order. Motions in limine: No party shall file
more than ten (10) motions in limine. Briefs (opening, answering and reply) on all motions in
limine shall be filed by January 3, 2007. Opening and answering briefs shall not exceed five (5)
pages and reply briefs shall not exceed three (3) pages. 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 January 3, 2007.
8. Ir@. This matter is scheduled for a 1-day Jury Trial beginning at 9:00 a .m. on
Monday, February 12, 2007.

Case 1:05-cv-00580-Gl\/IS Document 11 Filed 02/16/2006 Page 4 of 4
9. Scheduling. The parties shall direct any requests or questions regarding the scheduling
and management of this matter to Chambers at (302) 573-6470.
· . lvf Q
Date: February , 2006 li in ·' as 3
BD A A ”’`ii l SDISTRI ll JUD ‘
Rev. l/2005