Free Proposed Order - District Court of Delaware - Delaware

Case 1:05-cv—OOO35-G|\/IS Document 30 Filed 11/O2/2005 Paget of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BADALAMENT, INC., et al. :
Plaintiffs, C.A. N0. 05-035(GMS)
DAYSTAR SILLS, INC., et al.
Defendants,
and
NUCOR BUILDING SYSTEMS
Third-Party Plaintiff, :
WESTFIELD INSURANCE GROUP
Third-Party Defendant.
SCHEDULING ORDER
This _ day of November, 2005, the Court having conducted a Rule 16 Scheduling
Conference pursuant to Local Rule 16.2(b) on October 27, 2005, and the parties having
determined after discussion that the matter camiot be resolved at this juncture by settlement,
voluntary mediation or binding arbitration;
IT IS ORDERED that:
l. Rule 26ga) Initial Disclosures: Unless otherwise agreed to by the parties, they
shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or
before November I4, 2005.
2. Joinder of other Parties and Amendment of Pleadings: All motions to join
other parties and amend the pleadings shall be filed on or before January I, 2006.

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3. Discovery: All discovery in this case shall be initiated so that it will be
completed on or before April 28, 2006.
a. Discovery and Scheduling Matters: Should counsel find they are unable
to resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at
(302) 573-6470 to schedule a telephone conference. Not less than forty-eight hours prior to the
teleconference, the parties shall file with the Court, via electronic means (CM/ECF), a joint,
non-argumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute.
A sample letter can be located on this Court’s website at wwvv.ded.uscot1rts.g*ov. Should the
Court find further briefing necessary upon conclusion of the telephone conference, unless
otherwise directed, the party seeking relief shall file with the Court a TWO PAGE LETTER,
exclusive of exhibits, describing the issues in contention. The responding party shall file within
five (5) days from the date of service of the opening letter an answering letter of no more than
TWO PAGES. The party seeking relief may then file a reply letter of no more than TWO
PAGES within three (3) days from the date of service of the answering letter.
4. Confidential Information and Papers Filed Under Seal: Should counsel find it
will be necessary to apply to the Court for a protective order specifying terms and conditions for
the disclosure of confidential information, they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the Court within ten (10) days from the date of this
order. When filing 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 of
the joint, proposed scheduling order, then they shall follow the dispute resolution process
outlined in paragraph 3(a).
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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 a settlement. If the
parties agree that the possibility of settlement may be enhanced by such referral, the parties shall
contact Magistrate Judge Thynge to schedule a settlement conference with counsel and clients.
6. Case Dispositive Motions: All case dispositive motions and an opening brief and
affidavits, if any, in support of the motion shall be served and filed on or before May 12, 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 filed with the Court
for the Court’s approval. Any request for extensions of time as set forth in this Scheduling Order
must be accompanied by an explanation or your request will be denied.
7. Applications by Motion: Except as provided in this Scheduling Order or for
matters relating to scheduling, any application to the Court shall be by written motion files, via
electronic means (CM/ECF). Unless otherwise requested by the Court, counsel shall E deliver
copies of papers or correspondence to Chambers. Any non—dispositive motion should contain the
statement required by Local Rule 7.1.1.
8. Oral Argument: lf the Court believes that oral argument is necessary, the Court
will schedule a hearing Pursuant to Local Rule 7.1.4.
9. Pretrial Conference: On November 8, 2006, at 10:00 a.m., the Court will hold a
Pretrial Conference in chambers with counsel. 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). The parties shall file with the Court the Joint Proposed
Final Pretrial Order with the infomation required by the form of Final Pretrial Order. A sample
form of Pretrial Order can be located on this Court’s website at www.ded.uscou1ts.gov.
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10. Trial. This matter is scheduled for a five (5) day jury trial beginning at 9:00 a.m.
on November 27, 2006.
ll. Scheduling: The parties shall contact chambers, at (302) 573-6470, only in
situations where scheduling relief is sought and only when ALL participating counsel is on the
line for purposes of selecting a new date.
UNITED STATES DISTRICT JUDGE
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