Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00022-IVIPT Document 53-2 Filed 09/14/2005 Page 1 0f 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ST. PAUL. MERCURY INSURANCE )
COMPANY )
1
and )
)
PACK AND PROCESS, INC. )
)
Pla1i11til’1*s, )
v. )
) Case N0. 05~0022 (KAJ)
1
MALY YAN )
)
De1;e11c1a111t. )
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YAN T1-EOU, et. 211 )
1
1
P1a1i11ti1’Es, )
1
v. ) Case N0, 05-00513 (KA.1)
1
PACK & PROCESS, ENC, et 211. ) CONSOLIDATED CASES
1
De§ie11da111ts. )
SCHEDULING ORDER
T his day 0f , 2005, the Court having c0i1dt1ciec1z1rai11itia11 Rule
16 s0l1e<:1u1i11g amd plu1u1iz1g cozifereuce pursuausit to Local Rule E6,2(z1) O1} August 24, 2005, aud the
parties liavizig cleteriziined after discttssion t11z1t the mzitter 02111110*; be resolved at this `§LEI1C1Ul”€ by
settlement, voluutzuy medieitiou, 01* E2i11di11g a11‘b1t1‘ati011;
1T IS ORDERED that:
1 Rule 26§a)l 1 1 initial Disclosures amd iE,—Disc0ve1·y Default S$&`111€iE11'f.`1.
Unless 0the1·wise agreed to by the parties, the parties $112111 make theiz initiui disclosuies
puz*s11z111t to Pedestal Rule of`Civil Pioceduire 26(u){1) witliiri live days 0ft11e date 01* ihis Order. ll"
they have not ulzeady clone s0, ihe panties are t0 aeview the C0urt’s Delhtzlt Stz111daz·ci for Discovery
of E1GCiI"O11iC Dotzumeuts, which is posted at http://www.ded..sc:0u1‘tsgov (see Ordezs, etc , Policies

Case 1:05—cv—00022-l\/IPT Document 53-2 Filed 09/14/2005 Page 2 of 4
& Procedures, Ad i·loc Cornnrittee for Electronic Discovery), and is incorporated herein by reference.
2. Joinder of other Parties and Amendment of Pleadinas. All motions to _join other
parties, and to amend or supplement the pleadings shall be filed on or before January 2i, .2006r
3. Discovery
a. Limitation on Hours for Deposition Discovery, Each side has no limit on the number
of hours for taking depositions upon oral examination.
b. Location of`Depositions, Any party or representative (officer, director, or managing
agent) of a party hlirrg a civil action in this district court rnust ordinarily be required, upon request,
to submit to a deposition at a place designated within this district. Exceptions to this general rule
may be niade by order ofthe Court. A defendant who becomes a counterclaiinant, cross-claimant,
or thirdparty plaintiff shall be considered as having tiled an action in this Court tor the purpose of
this provision.
cr Discovery Cut Off All discovery in this case shall be initiated so that it will be
completed on or before June 2l, 2006. The Court encourages the parties to serve and respond to
contention interrogatories early in the case. Unless otherwise ordered by the Court, the iirnitations
on discovery set forth in Local Rule 26.l shall be strictly observed.
dr Disclosure of Expert Testimony. Unless otherwise agreed to by the parties, they shall
tile their initial Federal Rule of Civil Procedure 26(a)(2) disclosures ofexpert testimony on or before
ninety days before the date of the completion of discovery; and they shall file a supplemental
disclosure to contradict or rebut evidence on the sarne subject matter identified by another party sixty
days before the date for the completion ofdiscovery, To the extent any objection to expert testimony
is made pursuant to the principles announced in Dcmlyert v. Merrell Dow Phcrrm , Inc , 509 USN 579
(i993), it shall be made by motion no later than the deadline for dispositive motions set forth herein,
unless otherwise ordered by the Court
e. Discovery Disputes, Should counsel find they are unable to resolve a discovery
dispute, the party seeking the relief shall contact charnhers at (30.2) 573-6001 to schedule a telephone
coniierence. Not less than forty~eight hours prior to the conference, the party seeking reliefshall file
with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on
those issues. (T he Court does not seek extensive argument or authorities at this point; it seeks simply
a statement of the issue to be addressed and or summary of the basis for the party s position on the
issue.) Not less than twenty-four hours prior to the conference, any party opposing the application
for relief may tile a letter, not to exceed three pages, outlining that party s reasons for its opposition.
Should the Court lind further briefing necessary upon conclusion ofthe telephone conference, the
Court will order it. Disputes over protective orders are to be addressed in the first instance in
accordance with this paragraph,
Ll. Appiication to Court for Protective Order, Should counsel {ind it will be necessary
to apply to the Court for a protective order specifying terms and conditions tbz: the disclosure of

Case 1:05—cv—00022-l\/IPT Document 53-2 Filed 09/14/2005 Page 3 of 4
congliciential information, counsel should confer and attempt to reach an agreement on a proposed
form of order and submit it to the Court within ten days from the date of this Order. Should counsel
be unable to reach an agreement on a proposed form of order, the counsel must lirst follow the
provisions o‘f`Paragraph 3e above.
Any proposed order should include the following paragraph:
Other Proceedings By entering this order and limiting the disclosure of information
in this case, the Court does not intend to preclude another court from finding that
information may be relevant and subject to disclosure in another case. Any person or
party subject to this order who becomes subject to a motion to disclose another party
s information designated "confidential" pursuant to this order shall promptly notify
that party ofthe motion so that the party may have an opportunity to appear and be
heard on whether that information should be disclosed.
5. Papers Filed Under Seal. When filing papers under seal, counsel should deliver to the
Clerk an original and one copy ofthe papers.
6. Settlement Conference. Pursuant to 28 USC. § 636, this matter is referred to the
United States Magistrate for the purpose ofexploring the possibility of a settiernenti The Magistrate
Judge will schedule a settlement conference with counsel and their clients to be held within ninety
days from the date of this Order.
7. lnterini Status Report. On April 27, 2.006, counsel shall submit a ietter to the Court
with an interim report on the nature of the matters in issue and the progress of discovery to date
8 Status Conference. On May 4, 2006, the Court will hold a Rule l6(a), (b) and (C)
conference by telephone with counsel beginning at 4:30 pmt Plaintiffs counsel shall initiate the
telephone call lf all parties agree that there is nothing to report, nor anything to add to the interim
status report or to this order, they may so notify the Court in writing before the conference is
scheduled to occur, and the conference will be taken off of the Court s calendar:
9. Case Dispositive Motions. All case dispositive motions, an opening brief, and
aflidavits, if any, in support of the motion shall be served and Bled on or before August 7, 2006.
Briefing will be presented pursuant to the Court s Local Rules.
i0i Applications bv Motion. Except as otherwise specified herein, any application to the
Court shall be by written motion flied with the Clerk. Unless otherwise requested by the Court,
counsel shall not deliver copies of papers or correspondence to Clrarnbers. Any non—dispositive
motion should contain the statement required by Local Rule 7.I .l.
ll. Pretrial Conferencet On January 8, 2007, the Court will hoid a Final l”retriaE
Conference in Chambers with counsel beginning at 4:.30 pim. Unless otherwise ordered by the
Court, the parties should assume that tiling the pretrial order satisfies the pretrial disclosure
requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall tile with the Court the

Case 1:05—cv—00022-l\/IPT Document 53-2 Filed 09/14/2005 Page 4 of 4
ioint proposed final pretrial order with the information required by the term of Final Pretriat Order
which accompanies this Scheduling Order on or before December il, 2006.
12. Motions in Limirae, Motions in linrine shail not be separateiy tiled. All in [twine
requests and responses thereto shall be set forth in the proposed pretrial order. Each party shail be
limited to live in limine requests, unless otherwise permitted bythe Court. The in limine request and
any response shalt contain the authorities relied upon; each in Iimine request may be supported by
a maximum of live pages ot argument and may be opposed by a maximum of tive pages of
argument. it more than one party is supporting or opposing an in limine request, such support or
opposition shall be combined in a singie tive (5) page submission, unless otherwise ordered bythe
Court No separate iarieling shall be submitted on in Iimirre recguests, unless otherwise permitted by
the Court
l3. Jury instructions. Voir Dire. and Special Verdict Forms. Where a case is to be tried
to ajury, pursuant to Local Rules 47 and 51 the parties shouid tile proposed voir dire, instructions
to thejury, and special verdict forms and i ury interrogatories three full business days before the iinai
pretrial conference. That submission shall be accompanied by a computer diskette (in WordPerfect
format) which contains the instructions, proposed voir dire, special verdict forms, and jury
interrogatories.
l 4 @. This matter is scheduled for a 5 day trial beginning at 9:30 a.m. on January 29,
200 7. For the purpose of completing pretrial preparations, counsei should plan on each side being
ailocateri a total of eleven (l i) hours to present their case.
KENT` A. JORDAN
UNITED STATES DISTRICT JUDGE