Free Scheduling Order - District Court of Delaware - Delaware

I Case 1 :05-cv-00300-JJF Document 9 Filed 07/28/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Creedon Controls, Inc., a Delaware corporation, )
) C. A. No. 05C\/300 (JJF)
Pnmttrr, ) \
)
v. )
)
Banc Onc Building Corporation, an Illinois )
corporation; and Forest Electric Corporation, a )
New York corporation, )
)
Defendants. )
RULE I6 SCHEDULING ORDER
The parties, having satisfied their obligations under Fed. R. Civ. P. 26(D,
IT IS ORDERED that:
l. Pre-Discovery Disclosures: The parties will exchange, by September I, 2005, the
information required by Fed. R. Civ. Pro. 26(a)(I) and D. Del. LR l6.2.
2. Joinder of other Parties: All motions to join other parties shall be tiled on or
before November I l, 2005.
3. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to
Magistrate Judge Thyngc for the purposes of exploring the possibility ofa settlement. Ifthe
parties agree that they would benefit from a settlement conference, the parties shall contact
Magistrate Thynge to schedule a settlement conference, so as to be completed no later than the
Pretrial Conference or a date ordered by the Court.
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 November
30, 2005.

‘ Case 1:05-cv-00300-JJF Document 9 Filed 07/28/2005 Page 2 of 4
(b) Maximum of 50 interrogatories by each party to any other party.
(c) Maximum of 50 requests for admission by each party to any other party.
(d) Maximum of l0 depositions by plaintiff(s) and 10 by defendants.
Depositions shall not commence until the discovery required by Paragraph 4 (a, b, and c) are
completed. Non·expert depositions should be concluded by February 28, 2006.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the Plaintiff by April 10, 2006, and from the Defendants by June 2, 2006.
(f) Any patty 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. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide
shall tile a motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil Procedure and
Local Rule 37.1. Said motion shall not exceed a total of four (4) pages. An Answer to the Rule
37 motion, not to exceed four (4) pages, shall be tiled within five (5) days of service ofthe
motion. No reply is permitted.
(b) All parties shall set forth in a plain and concise manner the issue(s) in
dispute, the party’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt ofthe Answer, the movant shall notify Chambers by e-mail,
at: jjj >ov, that the parties have completed briefing;
(d) Upon receipt of the movant’s c-mail, the Court will determine whether a
conference is necessary and advise the panics accordingly;
(e) There is no limit on the number of Rule 37 motions a party may tile,
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unless otherwise ordered by the Court.
6. Amendment to the Pleadings. All motions to amend the pleadings shall be filed
on or before March 15, 2006.
7. 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 or before July 3,
2006. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be tiled
more than ten (10) days from the above date without leave of the Court.
8. Application by Motion.
(a) Any applications to the Court shall be by written notice filed with the
Clerk ofthe 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 tile 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.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance ofthe
Court shall e-mail Chambers at: iif [email protected]. The e-mail shall provide a short
statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date should be scheduled when the Scheduling
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· Case 1:05-cv-00300-JJF Document 9 Filed 07/28/2005 Page 4 of 4
Order is entered, or at the Pretrial Conference. lfscheduling ofthe trial date is deferred until the
Pretrial Conference, the parties and counsel shall anticipate and prepare for trial to be held
within sixty to ninety days ofthe Pretrial Conference.
Cohen, Seglias, Pallas, Greenhall & Furman, P.C.
,.9
Robert K. Beste, Jr., Esq. (I. D. No. 154)
1007 Orange Street, Nemours Bldg., Suite 205
Wilmington, DE 19801
(302) 425-5089
Attorney for Plaintiff
McCarter & English, LLP
Paul A. Bra ley, Es .(.I. D. No. 1 6)
919 N. Market Street, Suite 1800
P. O. Box 111
Wilmington, DE 19899
Attorney for Defendants
.. 2:5* .... .
SO ORDERED, this day of , 2005.
_ United States Dis ct Judge
rms/ms; 1 "
06894-0001
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