Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv—00424-SLR Document 18 Filed 05/25/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JANE DOE, as the natural Guardian )
of NANCY DOE, a Minor, MARY DOE )
a Minor, and SUSAN DOE, a Minor, )
) C.A. No.: 05-CVO0424 SLR
Plaintiffs, )
)
v. )
) Trial By Jury Demanded
CAPE HENELOPEN SCHOOL )
DISTRICT, DANE BRANDENBERGER, )
JANET MAUL and CINDY )
CUNNINGHAM, )
I
Defendants. )
ORDER -
This el-*l-1*~ day of , 2006, having satisfied their obligations
under Fed.R. Civ.P.26(t), and the court having conducted a pretrial scheduling
conference pursuant to Fed.R.Civ.P. 16 and D.Del. LR 16.2(a) and (b)
IT IS ORDERED that:
1. Pre-Discovery Disclosures: The parties will exchange by December 30,
2005 the information required by Fed.R.Civ.P. 23(a)(1) and D.Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects by Defendants:
(1) Whether the plaintiffs experienced mental distress, pain and
suffering, depression, anxiety or panic attacks; and, if so, the cause of such problems;
(2) Whether other students harassed Nancy or Susan doe, or
subjected Nancy or Susan Doe to derisive comments, noises, or gestures;
(3) Whether Jane Doe interrogated first grade students; and

Case 1:05-cv—00424-SLR Document 18 Filed 05/25/2006 Page 2 of 3
(4) The information collected by the U.S. Department of Justice,
Civil Rights Division when it investigated at least some of the allegations set forth in the
Complaint.
(b) All discovery shall be commenced in time to be completed by June
30, 2006.
(c) Maximum of 25 interrogatories by each party to any other party.
(d) Maximum of 25 requests for admission by each party to any other
party.
(e) Maximum of 10 depositions by plaintiff and 10 by defendant.
(t) Each deposition [other than Jane Doe] limited to a maximum of 6
hours unless extended by agreement of the parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by March 30, 2006. Rebuttal expert
reports due by April 30, 2006.
(h) Discovery Disputes. Any discovery dispute shall be submitted to
the court pursuant to Fed.R.Civ.P. 37. during the course of discovery, each party is
limited to two (2) Rule 37 motions. The court shall make itself available, however, to
resolve through a telephone conference, disputes that arise during the course of a
deposition and disputes related to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motions to join other parties, amend the pleadings, and certify a class
action shall be filed on or before December 30, 2005.

_ Case 1:05-cv—00424-SLR Document 18 Filed 05/25/2006 Page 3 of 3
4. Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is
referred to Magistrate Judge Thynge for the purposes of exploring ADR.
5. Summary Judgment Motions: all summary judgment motions shall be
served and filed with an opening brief on or before August 1, 2006, Briefing shall be
pursuant to D.Del. LR 7.1.2. No summary judgment motion may be filed more than ten
(10) days from above date without leave of the court.
6. Apglications by Motion; Any application to the court shall be by written
motion filed with the clerk. Unless othenrvise requested by the court, counsel shall not
deliver copies of papers or correspondence to chambers. Any non-dispositive motion
shall contain the statement required by D.Del. LR 7.1.1.
7. Motions in Limine: All motions in @ng_ shall be filed on or before
December 14, 2006. All responses to said motions shall be filed on or before
December 21, 2006.
8. Pretrial Conference; A pretrial conference will be held on January 4,
2007 at 4:30 p.m. in Courtroom 6B, Sixth Floor Federal Building, 844 King Street,
Wilmington, Delaware. The Federal Rules of Civil Procedure and D.Del. LR 16.4 shall
govern the pretrial conference.
9. QQ: This matter is scheduled for a four (4) day jury trial commencing on
January 16, 2007 in Courtroom 6B, Sixth floor Federal Building, 844 King Street,
Wilmington, Delaware. For the purposes of completing pretrial preparations the parties
should plan on being allocated a number of hours in which to present their respective
cases.