Free Proposed Order - District Court of Delaware - Delaware

Case 1:05-cv-00029-JJF Document 13 Filed O3/17/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
CEPHALON, INC. and UNIVERSITY OF )
UTAH RESEARCH FOUNDATION )
Plaintiffs, i
v. i Civil Action No,05—29—JJF
BARR LABORATORIES, INC. i
Defendant. )
)
[PROPOSED] RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre—Disc0very Disclosures. The parties will exchange by March 18, 2005
the information required by Ped. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Joinder 0f other Parties. All motions to join other parties shall be filed on or
before March 18, 2005.
3. Discovery.
(a) All written discovery, document production and identification of fact
witnesses shall be commenced so as to be completed by September 30, 2005.
(b) Maximum of thirty (30) interrogatories, including contention
interrogatories, for each side.
(c) Maximum of twenty—five (25) requests for admission by each side.

Case 1:05-cv-00029-JJF Document 13 Filed O3/17/2005 Page 2 of 4
(d) Maximum of ten (10) depositions by plaintiff and ten (10) by defendant,
excluding expert depositions. Depositions shall not commence until May 2, 2005 and shall be
completed by September 30, 2005.
(e) On or before October 20, 2005, the parties shall serve expert reports on
all issues for which a party bears the burden of proof. On or before November 18, 2005, the
parties shall serve rebuttal expert reports. All such reports shall be in the form and content as
required by Fed. R. Civ. P. 26(a)(2)(B).
(f) An y party desiring to depose an expert witness shall notice and complete
said deposition no later than December 17, 2005, 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 tiled 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
dispute, the pa1ty’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at j [email protected]. gov that the dispute is ready for decision.
(d) Upon receipt of the rnovant’s e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
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Case 1:05-cv-00029-JJF Document 13 Filed O3/17/2005 Page 3 of 4
(e) There is no limit on the number of Rule 37 motions a party may file,
unless otherwise ordered by the Court.
5. Amendment of the Pleadings. All motions to amend the pleadings shall be
filed on or before August 1, 2005.
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
January 27, 2006. Briefing shall be pursuant to D. Del. LR 7.l.2 No case dispositive motion
may be filed more than ten (10) days prior to the above date without leave of the Court. The
Court will issue a separate Order regarding procedures for filing summary judgment motions.
7. Markman. The parties anticipate that as the case progresses, the need to
submit briefs to the Court regarding claim construction may arise. However, at the present time,
the parties lack sufficient information to determine whether a Markman hearing will be
necessary, or to present a proposed claim construction briefing schedule to the Court.
Accordingly, on or before June 1, 2005, the parties will advise the Court whether a Markman
hearing will be necessary, and, if so, of their proposed schedule for claim construction briefing.
8. Applications by Motion.
(a) Any application to the Court shall be by written motion filed with the
Clerk of the Court in compliance with Federal Rules of Civil Procedure and the Local Rules of
Civil Practice for the District of Delaware (Amended Effective January 1, 2005). 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 by letter or in a form other than
a motion.
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(b) No facsimile transmission 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.

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