Free Order - District Court of Delaware - Delaware


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Date: February 4, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv-00426-SLR Document 5 Filed 02/04/2008 Paget of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DIANA KIM, )
Plaintiff, ;
v. g Civ. N0. 05-426-SLR
ABBOTT LABORATORIES, ;
FOURNIER INDUSTRIE ET SANTE', )
and LABORATORIES FOURNIER S.A., )
Defendants. g
O R D E R
At Wilmington this 4% day of February, 2008, the above captioned case having
recently been reassigned;
IT IS ORDERED that the case shall be managed pretrial as follows:
1. If there is a pending motion to dismiss, the court will endeavor to
address such pending motion as soon as practicable. However, ifthe motion to dismiss
is not case dispositive or if other nondispositive pretrial motions are pending, the court
will schedule a Rule 16 conference in order to establish discovery deadlines and
discuss a trial date, in addition to resolving any such pending motions.
2. If there are no pending motions, the court will schedule a Rule 16
conference in order to establish discovery deadlines and discuss a trial date.
3. If there is a pending motion for summaryjudgment, the moving party
will be required to file with the court a short and concise statement, in numbered

Case 1:05-cv-00426-SLR Document 5 Filed O2/O4/2008 Page 2 of 2
paragraphs, of: (a) the material facts as to which the moving party contends there is no
genuine issue to be tried; and (b) the legal issues upon which judgment is sought. The
non-moving party will be required to respond in kind, with the content ofthe numbered
paragraphs of the responsive statement corresponding to the content of the numbered
paragraphs of the movant’s statement. Based on this exchange of information, and
perhaps with the benefit of a status conference, the court will either entertain the motion
based on the papers filed, or will deny said motion summarily and schedule trial
instead.
4. On a case-by-case basis, the court will refer appropriate cases and
matters (including for mediation) to the magistrate judges.
5. The court will issue case-specific orders, consistent with the above, in
due course.

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