Free Order - District Court of Delaware - Delaware

A —· Case 1:05-cv-00194-JJF Document 71 Filed 11/16/2007 Page 1 of 4
if l
l
UNITED STATES DISTRICT COURT ,
FOR THE DISTRICT OF DELAWARE *
DOROTHY HOULII-IAN, ) ‘
. ) _
Plaintiff} ) 2
) C.A. No. 05-00194 JJP
v. )
- )
SUSSEX TECHNICAL SCHOOL DISTRICT, ) TRIAL BY JURY OF TWELVE
SUSSEX TECHNICAL SCHOOL DISTRICT ) DEMANDED ‘ .
BOARD OF EDUCATION, SANDRA WALLS- ) Z
CULOTTA, individually, and in her official ) E-FILE . A
capacity. )
) l
Defendants. ) . ` 5
)
)
PROPOSED JOINT AMENDED 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 will exchange by January 5, 2007, the
information required by F ed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before March 12, 2007.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. If the
parties agree that they would benefit Eom a settlement conference, the parties shall contact
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than
g the Pretrial Conference or a date ordered by the Court.

·» Case 1:05-cv-OO194-JJF Document 71 Filed 11/16/2007 Page 2 of 4
t
I
4. Discovery. . E
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by April 15, Q
i 2007.
(b) Maximum of fifty (30) interrogatories by each party to any other party.
(c) Maximum of fifty (30) requests for admission by each party to any other i
party- Q
(d) Maximum of fourteen (14) depositions by plaintiff and fourteen (14) by ·
defendant(s). Depositions shall not commence until the discovery required by Paragraph 4 (a, b
l
and c) are completed.
(e) Reports dom retained experts required by Fed. R. Civ. P. 26(a)(2) are due
dom the plaintiffs by Monday July 30,2007, and from the defendants by 60 days from the date i
that all transcripts of plaintiff s deposition become available}.
(i) 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 or 30 days from
counsels’ receipt of all plaintiffs deposition transcripts, whichever is later, unless otherwise
agreed in writing by the parties. _
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party reiiises to provide
shall file a motion (no briet) pursuant to Rule 37 of the Federal Rules of Civil Procedure and
l Subject to the availability of a mutually convenient time for defendants’ medical expert to conduct an Independent
Medical Examination ("IME") of plaintiff If necessary, the parties are directed to arrive at a mutually agreeable ·
schedule as to the report of the defendant ‘s medical expert, taking into account the date of said IME.
-2-

. ~ Case 1:05-cv-OO194-JJF Document 71 Filed 11/16/2007 Page 3 of 4
A ~ l
l
Local Rule 37.l. Said motion shall not exceed a total of four (4) pages. A11 Answer to the E
Rule 37 motion, not to exceed four (4) pages, shall be filed within tive (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 Q
dispute, the party’s position on the issue(s), and the reasons for the party’s position. l
(c) Upon receipt of the Answer, the movant shall notify Chambers by c-mail l
at )yf__civil@dect uscourts. gov that the parties have completed briefing. j
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a l
conference is necessary and advise the parties accordingly. €
l
(e) There is no limit on the ntunber of Rule 37 motions a party may tile, I
unless otherwise ordered by the Court.
6. Amendment on the Pleadings. All motions to amend the pleadings shall be filed
on or before Tuesday May 1, 2007. ‘
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and tiled with an opening brief on or before March 1,
2008. 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.
S. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled 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
-3-

. · Case 1:05-cv-00194-JJF Document 71 Filed 11/16/2007 Page 4 of 4
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 E
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 of the
Court shall e-mail Chambers at: ][email protected]»l'SCOH}'l°S.g0V. 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 ofthe 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.
STUMPF, VICERS & SANDY, P.A. WHITE AND WILLIAMS LLP
/s·/ Brian FZ Dolan /.s‘/ James S. Yoder P
Brian F. Dolan, (DE #3190) James S. Yoder, (DE #2643) p
8 West Market Street 824 N. Market Street, Suite 902
Georgetown, DE 19947 Wilmington, DE 19899-0709 -
(302) 856-3561 Tel: (302) 467-4524
Atrorneyfor Plaintqf Faxrr (302) 467-45 54
Attorneys for Defendants Q
It is SO ORDERED this / day of J ygjg , 2007. ,
S § AT§§ISTRICT I
.4-
l
PHLDMSI 3748232v.2 l