Free Proposed Order - District Court of Delaware - Delaware

Case 1:05-cv-00053-Gl\/IS Document 17 Filed 06/O1/2005 Page 1 of 4
EN Tl—lE UNETED STATES DISTRICT COURT
FOR THE. DISTRECT OF DELAWARE.
RICHARD F. WHITE, IR., :
Plaintiff,
V : C.A. NO: I:O5—C\f—53 (OMS)
FEDERAL EXPRESS CORPORATION, DEIVIAND FOR 5URY TRIAL
Defendant.
SCHEDULING ORDER
This lst day oflune, .2005, the Court having conducted an initial Rule I6 scheduling and
planning conference pursuant to Local Rule 16..2 (b) on May 2.5, 2005, the parties having
determined after discussion that the matter cannot be resolved at this juncture by settiement,
voluntary mediation or binding arbitration:
IT IS ORDERED that:
I. Rule 26 {al Initial Disclosures. Unless otherwise agreed to by the parties, they shall
make their initial disclosures pursuant to Federal Rule ofCivii l’rocedure 26 (a) on or before:
Completed.
2. Joinder of the Parties and Amendment of Pleadings. All motions to join other
parties and amend the pleadings shall be filed on or before: Not Applicable.
3. Discovery. All discovery in this case shail be initiated so that it will be completed on
or before November 30, 2005.
a. Discovery Matters. Should counsel End they are unable to resolve a discovery
matter, the party seeking the relief shall contact chambers at (302) 5736470 to schedule a
telephone conference. Not less than forty—eight prior to the conference, by hand delivery or

Case 1:05-cv-00053-Gl\/IS Document 17 Filed 06/O1/2005 Page 2 of 4
facsimile at (302) 5736472, the party seeking reliefshall tile with the court a letter agenda not to
exceed two (2) pages outlining the issues in dispute. Should the court find l:l.1I"ljll€I" briefing
necessary upon conclusion of the telephone conference, the couit shall order the party seeking
relief to tile with the court a TWO PAGE LETTER, exclusive ofexliihits, describing the issues
in contention The responding party shall file within tive (5) days from the date of service ofthe
opening letter an answering letter of nor more than TWO PAGES. The party seeking relief may
then tile a reply letter of nor more than TWO PAGES within three (3) days horn the date ot
service of the answering letter.
4 Confidential information and papers under Seal. Should counsel find it will be
necessary to apply to the court a protective order specifying terms and conditions for the
disclosure of confidential information, then they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the court within IU days trom the date of this order,
When tiling papers under seal, counsel should deliver to the Clerk an original and two copies of
the papers,
If after making a diligent effort the parties are unable to agree on the contents ofthe
joint proposed protective order, than they shall follow the dispute resolution process
outlined in paragraph 3 (a).
5. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to the
United States Magistrate for the purpose of exploring the possibility of settlernentt if the parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall contact
Magistrate ledge Thynge or agreed upon mediator to schedule a settlement conference with
counsel and clients,

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6. Status/Settlement Conference. On a date to be deterrnined, the court will hold a
conference by telephone to discuss the progress of efforts to settle this dispute. i’laintit`i`s counsel
shall initiate the telephone call lf no efforts have been rnacle or those efforts have to date been
unsuccessful, counsel shall be prepared to discuss the possibility of setting up a settlement
conference with the Court with counsel and their clients.
T. Case Dispositive Motions. All case dispositive rnotions and an opening brief and
affidavits, if any, in support of the inotion shall be served and tiled on or before May 15, 2006,
Briefing will be presented pursuant to the Court’s Local Rules , unless the parties agree to an
alternative briefing schedule. Any such agreement shall be in writing and tiled with the Court for
the Court’s approval ..
8. Applications by Motion. Except as provided in this Order or for matters relating to
scheduling, any application to the Court shall be by written motion tiled with the Clerk. Unless
otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to
Chambers Any noredispositive motion should contain statements required by Local Rule 7.l .l.
9. Oral Argument. It the Court believes that oral argument is necessary, the Court will
schedule a hearing, Pursuant to Local Rule 7.l .4.
10. Pretrial Conference. On June 6, 2006, the Court will hold a Pretrial Conference in
Chambers with counsel beginning at t0 am. Unless otherwise ordered by the Court, the parties
should assume that filing the pretrial order satisfies the pretrial disclosure requirement in Federal
Rule of Civil Procedure 26 (a) (3). Thirty (30) days before thejoint draft of the pretrial order is

Case 1:05-cv-00053-Gl\/IS Document 17 Filed 06/O1/2005 Page 4 of 4
due, plaintitt" s counsel shall tbrward det`endant’s counsel a draft ot the pretrial order containing
the information plaintiff proposes to include in the dratt. Det`endant’s counsel shall, in turn,
provide to plaintii`t`s counsel any comments on the plaintii`t"s draft as well as the intormation
defendant proposes to include in the proposed pretrial order, Motions in {imma No party shall
tile more than ten (10) motions in limine. Briefs (opening, answering, and reply) on all motions
in limine shall be tiled by . Opening and answering briefs shall not exceed five (5)
pages and reply 'oriefs shall not exceed three (3) pages. The parties shall tile with the court the
joint proposed hnal pretrial order with the infonnation required by the form oi Final Pretrial
Order which accompanies this Scheduling Order on or before May 15, 2006.
l I. Trial r This matter is scheduled for a two (.2) clayjury trial laeginning at 9 ami on
June 26, 2006,
l2.r Scheduling. The parties shall direct any requests or questions regarding the
scheduling and management oithis matter to Chambers at (302) 573-6470
District Judge Sleet