Free Letter - District Court of Delaware - Delaware

Case 1:05-cv—00292-JJF Document 27-2 Filed 11/07/2005 Page1 of 4
(Patent Revised 05/04)
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under
Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties [have
exchanged] [will exchange] by (date) the information required by
Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join
other parties shall be filed on or before (date) .
3. Discovery.
(a) Exchange and completion of contention 3
interrogatories, identification of fact witnesses and document
production shall be commenced so as to be completed by {date} .
(b) Maximum of interrogatories, including
contention interrogatories, for each side.
(c) Maximum of requests for admission by
each side.
(d) Maximum of depositions by plaintiff(s)
and by defendant(s), excluding expert depositions.
Depositions shall not commence until the discovery required by
Paragraph 3(a, b and c) is completed.
(e) Reports from retained experts required by Fed.
R. Civ. P. 26(a)(2) are due from the plaintiff(s) by §date§ ;

Case 1:05-cv—00292-JJF Document 27-2 Filed 11/07/2005 Page 2 of 4
from the defendant(s) by (date) .
(f) Any party 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 or ordered by the Court.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing
party refuses to provide shall file a motion (no brief) pursuant
to Rule 37 of the Federal Rules of Civil Procedure and Local Rule
37.1. Said motion shall not exceed a total of four (4) pages and
must specify that the filing is pursuant to the Discovery Dispute
procedures provided in this paragraph. An Answer to the Rule 37
motion, not to exceed four (4) pages, shall be filed within five
(5) days of service of the motion. No reply is permitted. .
(b) All papers shall set forth in a plain and
concise manner the issue(s) in dispute, the party's position on i
the issue(s), and the reasons for the party's position. Y
(c) Upon receipt of the Answer, the movant shall
notify Chambers by e—mail at [email protected] that the l
dispute is ready for decision. %
(d) Upon receipt of the movant's e—mail, the Court »
will determine whether a conference is necessary and advise the
parties accordingly.
(e) There is no limit on the number of Rule 37 E
motions a party may file, unless otherwise ordered by the Court.

Case 1:05-cv—00292-JJF Document 27-2 Filed 11/07/2005 Page 3 of 4
5. Amendment of the Pleadings. All motions to amend
the pleadings shall be filed on or before .
6. 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 ,
20___. Briefing shall be pursuant to D. Del. LR 7.1.2. No case
dispositive motion may be filed more than ten (10) days from the
above date without leave of the Court. The Court will issue a
separate Order regarding procedures for filing summary judgment
motions.
7. Markman. A Markman Hearing will be held on
. Briefing on the claim construction issues shall
be completed at least ten (10) business days prior to the
hearing. The Court, after reviewing the briefing, will allocate
time to the parties for the hearing.
8. Applications by Motion.
(a) Any applications to the Court shall be by
written motion filed with the Clerk of the 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 file 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

Case 1:05-cv—00292-JJF Document 27-2 Filed 11/07/2005 Page 4 of 4
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 of the Court shall e—mail Chambers at:
[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 Order is entered or at
the Pretrial Conference. If scheduling of the trial date is
deferred until the Pretrial Conference, the parties and counsel
shall anticipate and prepare for a trial to be held within sixty
(60) to ninety (90) days of the Pretrial Conference.
1
d
»