Free Memorandum in Opposition - District Court of Delaware - Delaware

Case 1:05-cv—00063-SLR Document 9-9 Filed 05/31/2005 Page1 0f4
EXHIBIT D

Case 1 :05-ov—00063-SLR Document 9-9 Filed 05/31 /2005 Page 2 of 4
1·1oo.0y·200·1 15:19 3022952313 cozan ocomtoa #3512 P.002/004
. _,\ · C9
.2. @
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
American Employers’ Insurance Company :
Plaintiff, CIVIL ACTION NO. 04-0178
United Dominion Industries, etal.
_ __ __ Def`eudant.=»’Third_Pany _
Plaintiffs, " ` """"`T`E"" `"` `"""'" `- ` ` " ` " " ' '" "` " ‘ `
v.
TA. Rietdorf and Sons, Inc.,
Third Party Defendant.
A 0 R D E R
This __4~:;_ clay of Q I I E 200i,* me parties having sausnaa
their obligations under Fed. R. Civ. P. 26( , and the court having conducted 0. pretrial scheduling
conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2(a.) and (la).
IT IS ORDERED that:
_ _ _ _I. _ Pre Disc0vc1fy_Disclnsur¢g, The parties will c_xch0r;g_e by September 30,_ __ __
2004 the information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Discovery.
(si) Discovery will be needed on the following subjects: liability of
defendant{s), p1ainriil`s damages, facts and circumstances surrounding the design, sale,
installation and maintenance of the defendant’s product, facts and circum stances surrounding the
fire. U
-

Case 1 :05-cv—00063-SLR Document 9-9 Filed 05/31 /2005 Page 3 of 4
r·.ue.02=*200·t 15:19 30229520].3 COZEN OCONNOR g35;3 pnngyggg

(b) All discovery shall be commenced in time to be completed by May
31, 2005.
(G) Maximum of 25 interrogatories by each party to any other party.
(d) Maximum of 25 requests for admission by each party to any other
DMX-
(e) Maximum of`8 depositions by plaintiff and 8 by defendant
t t . . ,-, _, , fEi‘ElLFl.EP.‘2:’.€l.li9.'LEll‘,?’.j.ElEi?:’3.‘EE‘.lZ?F!S - ._.._ - -. -.... 3 . c, t
limited to a maximurn of 5 hours unless extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by plaintiff April 29, 2005 and defendants May 31,
2005. All _Q·;_1rl;e_rt motions due by June 30, 2005.
A (h) Supplementations under Rule 26(e) due [time[s-3 or intervalgsl].
(i) 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 tl1e course of a deposition and disputes related to
entry of a protective order.
" " ` ` ` ` ` 3. ` Joinder of other Pai·ties,`Z\m`cndriient of Pleadinks, and Class H LN I
Certification. All motions to join other parties, amend the pleadings, and certify a class action
shall be tiled on or before September 30, 2004. .
4. Settlement Conference. Pursuant to 28 U.S.C. 63 6, this matter is referred
to Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement.
5. Summary Judgment Motions. All summary judgment motions shall be
E served and tiled with an opening brief on or before June 30, 2005. Briefing shall be pursuant to
2

Case 1 :05-cv—00063-SLR Document 9-9 Filed 05/31 /2005 Page 4 of 4
n.s.c. ical .s:rc euzz5cZU13 cores occsnoa ezsiz p.c¤¤;coi
D. Del. LR 7.1.2. No summary judgment motion may be Bled more than tem (10) days from the
above date without leave ofthe court.
6. Applications by Motion. Any application to the court shell be by written
motion tiled with the clerk. Unless otherwise requested by the court, counsel shall not deliver
copies cf papers or correspondence to chambers. Any non-dispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
i _ H _ iw EL _rEIottons lulljminc. All n1otion_s_iEin1mc_slE1l be tiled two weeks _W___' _ _ ` FF,
before pretrial conference. All responses to said motions shall be filed one week before
pretrial conference.
8. Prctrinl Con ference. A pretrial conference will be held on September 22,
2005 at-;k1:3_0)p.rn. in Courtroom No. 6B, Sixth Floor Federal Building, 84-4 King Street,
A Wilming1on,`Delpvgare. .T1·le Federal Rides of Civil Procedure and D. Del. Lit 16.4 shall govern
the pretlisl conference. I
Z 9. Trial. Tlais-ma.ttl:r is scheduled for a one week jury trial commencing on
October 3, 2005 in Courtroom No. 6B, Sixth Floor Federal Building, 844 King Street,
Wilmington, Delaware. For purposes of completing pretrial preparations, the parties should plan
on being allocated a total number of hours in which to present their respective cases.
PHl.LA1\20B34U0\l l23Ill.000 -
2