Free Scheduling Order - District Court of Delaware - Delaware

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Date: March 21, 2006
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Case 1 :05-cv—00454-GIVIS Document 15 Filed 03/21/2006 Page 1 of 4
Plaintiff )
v. ) Civil Action No. 05-454 GMS
Defendant. )
This IJ day of I fl Q 2006, the Court having conducted a Rule I6
Scheduling Conference pursuant to Local Rule I6.2(b) on January 31, 2006, and the parties having
determined after discussion that the matter cannot be resolved at this juncture by settlement,
voluntary mediation or binding arbitration;
l. Discovery: All fact discovery in this case shall be initiated so that it will be completed
on or before October 2, 2006 . Expert discovery in this case shall be initiated so that it will be
completed on or before January 3, 2007. Expert reports shall be served on or before November 3,
2006, and answering expert reports shall be served on or before December 4, 2006, rebuttal expert
reports shall be completed by January 3, 2007.
a. Discovery and Scheduling Matters: Should counsel find they are unable to
resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at (302)

Case 1 :05-cv—00454-GIVIS Document 15 Filed 03/21/2006 Page 2 of 4
573-6470 to schedule a telephone conference. Not less than forty-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 cour“t’s website at 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 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 tile a reply letter of no more than TWO PAGES within three (3) days from the date of
service of the answering letter.
2. 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 fomi of order and submit it to the court within ten (10) days from the date of this order.
When filing papers under seal, counsel should deliver to the Clerk an original and two copies ofthe
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).
3. Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is referred to the
United States Magistrate for the purpose of exploring the possibility of a settlement. If the parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall contact

i Case 1 :05-cv—00454-GIVIS Document 15 Filed 03/21/2006 Page 3 of 4
Magistrate Judge Thynge to schedule a settlement conference with counsel and clients.
4. Case Dispositive Motions: All case dispositive motions and an opening brief and
affidavits, if any, in support of the motion shall be served and filed on or before September 15,
@6. 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 or your request will be denied.
5. 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 Hled, 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.l.l.
6. Oral Argument. lf the Court believes that oral argument is necessary, the Court will
schedule a hearing Pursuant to Local Rule 7. l .4.
7. Pretrial Conference: On February 6, 2007, at 11:00 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 January 16, 2007.
A sample fonn of Pretrial Order can be located on this court’s website at
8. @1]. This matter is scheduled for a 4-day jury trial beginning at @ a.m. on
February 26, 2007.

Case 1 :05-cv—00454-GIVIS Document 15 Filed 03/21/2006 Page 4 of 4
9. Scheduling: The parties shall contact chambers, at (302) 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.
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