Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01565-SLR Document 70 Filed 05/15/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ARLIN M. ADAMS, Chapter l I Trustee of
the Post-Confirmation Bankruptcy Estates of 2
coRAM HEALTHCARE coR1¤oRAT1oN g Cm N°· 04* 565‘SLR
and CORAM, INC., Q
Plaintiff,
V· :
DANIEL D. CROWLEY; DONALD J. i
AMARAL; WILLIAM J. CASEY; L. *
PETER SMITH; AND SANDRA L. Z
SMOLEY, f
Defendants.
O R D E R
At Wilmington this 25th day of April, 2006, the parties having satisfied their obligations
under Fed. R. Civ. P. 26(f), and the Court having conducted a pretrial scheduling conference
pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by May I2, 2006 the
information required by Fed. R. Civ. P. 26 (a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discoveg will be needed on the following subjects:

Case 1 :04-cv—01565-SLR Document 70 Filed 05/15/2006 Page 2 of 4
(l) Plaintiff: Defendant Daniel D. Crowley’s ("Crowley") alleged
conflict of interest, his alleged failure to disclose his conflict of interest and the damages suffered
by Coram Healthcare Corporation ("Coram") as a result of his alleged conflict of interest.
(2) Defendant Crowley: Crowley’s relationship with Cerberus;
disclosure of Crowley’s relationship with Cerberus; Crowley’s work for other Cerberus entities;
Crowley’s work for Coram; Coram’s decision to file for bankruptcy; Coram’s First Plan of
Reorganization; Coram’s decision to hire Harrison Goldin to investigate; Coram’s Second Plan
of Reorganization; Decisions by others which allegedly cut off any liability to Crowley; the
Trustee’s communications with Crowley; the Trustee’s decision to retain Crowley; the Trustee’s
negotiations with Crowley for an extension of his employment with Coram; the trustee’s consent
to waiving claims against Crowley; valuations of Coram.
(b) All factual discovery shall be commenced in time to be completed by
December 15, 2006.
(c) Maximum of 25 interrogatories by each party to any other party.
(d) Maximum of 25 requests for admission by each party to any other party.
(e) Maximum of 27 depositions by plaintiff and 27 by defendant, excluding
experts;
(t) Each deposition limited to a maximum of seven hours unless extended by
agreement of parties or by further order of the Court.
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Case 1 :04-cv—01565-SLR Document 70 Filed 05/15/2006 Page 3 of 4
(g) Reports from retained experts under Rule 26(a)(2) on issues for which any
party has the burden of proof due by January 15, 2007. Rebuttal expert reports due by February
15, 2007. Depositions of such experts to be completed on or before March 15, 2007.
(h) Discovery Disputes. Any discovery dispute shall be submitted to the
Court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is limited to
two (2) Rule 37 motions. The Court shall make itself available, however, to resolve through a
telephone conference, disputes that arise during the course of a deposition and disputes related to
entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class Certification.
All motions to join other parties, amend the pleadings, and certify a class action shall be filed on
or before May 26, 2006.
xy 4. ement Confere . ursuant to 28 U.S.C. §636, this matter is referred to
—‘> ,.~N"°
*\ Magistrate Judge T e for the es of exploring ADR.
5. Summary Judgment Motions. All summary judgment motions shall be served
and filed with an opening brief on or before April 17, 2007. Briefing shall be pursuant to D. Del.
LR 7.1.2. No summary judgment motion may be tiled more than ten (10) days from the above
date without leave of the court.
6. Applications by Motion. Any application to the Court shall be by written motion
filed with the clerk. Unless otherwise requested by the Court, counsel shall not deliver copies of
papers or correspondence to chambers. Any non—dispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
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Case 1:04-cv—01565-SLR Document 70 Filed 05/15/2006 Page 4 of 4
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7. Motions in Limine. All motions in limine shall be filed Iideys before the
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pretrial conference. All responses to said motions shall be filed s days before the pretrial
conference.
8. Pretrial Conference. A pretrial conference will be held on
~5·l.[i`tm bef 5, 0*007 at 4;; to 3;- m. in courtroom 6B, sixth floor, Federal
Building, 844 King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D.
Del. LR 16.4 shall govem the pretrial conference.
9. Trial. This matter is scheduled for alfrial commencing on
~5gi‘en·»b¤,r ' 7. ¤‘·0v’l in courtroom 6B, Sixth Floor, Federal Building, 844 King Street,
Wilmington, Delaware. For purposes of completing pretrial preparations, the parties should plan
on being allocated a total number of hours in which to present their respective cases.
Sue L. Robinson 5
Chief United States District Judge
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