Free Proposed Order - District Court of Delaware - Delaware


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Date: May 16, 2005
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Category: District Court of Delaware
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Case 1 :05-cv—00028-GIVIS Document 15 Filed 05/16/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COURT OF DELAWARE
REX MEDICAL LP, :
Plaintiff, CIVIL ACTION NO. 05-28-GMS
V. E
DATASCOPE CORP.,
Defendant.
SCHEDULING ORDER
This day of May 2005, the Court having conducted an initial Rule 16 scheduling
and planning conference pursuant to Local Rule l6.2(b) on May 9, 2005, and the parties having
determined after discussion that the matter cannot be resolved at this juncture by settlement,
voluntary mediation or binding arbitration; A
IT IS ORDERED that:
1. Rule 26(a) Initial Disclosures. The parties shall make their initial disclosures
pursuant to Federal Rule of Civil Procedure 26(a) on or before May 31, 2005.
2. Fact Discoveg. All fact discovery in this case shall be initiated so that it will be
completed on or before January 31, 2006.
a. Discovery Matters. Should counsel find they are unable to resolve a
discovery 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 conference, by hand
delivery or facsimile at (302) 573-6472, the party seeking relief shall file with the court a letter
agenda not to exceed two (2) pages outlining the issues in dispute. Should the court find further
briefing necessary upon conclusion of the telephone conference, the court shall order the party
seeking relief to tile with the court a TWO PAGE LETTER, exclusive of exhibits, describing
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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 ofthe answering letter.
3. Expert Reports/Expert Discovegg. The curriculum vitae and repo1t(s) of any
experts retained by plaintiff and/or defendant that such party intends to call as a witness at trial,
other than for rebuttal purposes, shall be provided to the other party on or before February 28,
2006. Any rebuttal expert reports prepared by testifying experts retained by plaintiff and/or
defendant, along with the curriculum vitae of the rebuttal experts, shall be provided to the other
party on or before March 28, 2006.
All expert discovery in this case shall be initiated so that it will be completed on or
before April 28, 2006.
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 10 days from the date of this order.
W`hen 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 protective order, then they shall follow the dispute resolution process
outlined in paragraph 2(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 a settlement. lf the
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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. Status/Settlement Conference. On August 18, 2005, the Court will hold a
conference by telephone with counsel beginning at 2:00 p.m. to discuss the progress of efforts to
settle this dispute. P1aintiff’s counsel shall initiate the telephone call.
If no efforts have been made 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.
7. 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 February I4,
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.
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 filed with the Clerk.
Unless otherwise requested by the Court, cotmsel shall not deliver copies of papers or
correspondence to Chambers. Any non-dispositive motion should contain the statement required
by Local Rule 7.1.1.
9. Oral Argument. If the Court believes that oral argument is necessary, the Court
will schedule a hearing pursuant to Local Rule 7.1.4.
10. Pretrial Conference. On June 20, 2006, the Court will hold a Pretrial
Conference in Chambers with counsel beginning at 10:00 a.m. Unless otherwise ordered by the
Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure
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requirement in Federal Rule of Civil Procedure 26(a)(3). Thirty (30) days before the joint
proposed pretrial order is due, plaintiff s counsel shall forward to defendanfs counsel a draft of
the pretrial order containing the information plaintiff proposes to include in the draft.
Defendanfs counsel shall, in tum, provide to plaintiffs counsel any comments on the plaintiffs
draft as well as the information defendant proposes to include in the proposed pretrial order.
Motions in limine: No party shall file more than ten (10) motions in limine. Briefs (opening,
answering and reply) on all motions in limine shall be tiled by June 20, 2006. Opening and
answering briefs shall not exceed five (5) pages and reply briefs shall not exceed three (3) pages.
The parties shall tile with the court the joint proposed final pretrial order with the information
required by the form of Final Pretrial Order which accompanies this Scheduling Order on or
before May 29, 2006.
ll. Qljal. This matter is scheduled for a seven (7) day trial beginning at 9:00 a.m. on
July 10, 2006.
l2. Scheduling. The parties shall direct any requests or questions regarding the
scheduling and management of this matter to Chambers at (302) 573-6470.

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