Free Scheduling Order - District Court of Delaware - Delaware

Case 1:O4—cv-01494-JJF Document 94 Filed 11/O3/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: :
: Chapter ll
NORTHWESTERN CORPORATION, :
: Bankruptcy Case No. 03-12872
Debtor. :
MAGTEN ASSET MANAGEMENT CORP. :
Suing individually and :
derivatively on behalf of CLARK :
FORK AND BLACKFOOT, LLC, :
Plaintiff, :
: Civil Action No. O4—l256—JJF
v. :
PAUL HASTINGS JANOFSKY & WALKER :
LLP, :
Defendant. :
MAGTEN ASSET MANAGEMENT CORP. and :
LAW DEBENTURE TRUST COMPANY OF :
NEW YORK, :
Plaintiffs, :
: Civil Action No. O4—l494—JJF
v. :
NORTHWESTERN CORPORATION, :
Defendant. :
MAGTEN ASSET MANAGEMENT CORP., :
Plaintiff, :
v. : Civil Action No. O5—499—JJF
MIKE J. HANSON and ERNIE J. :
KLINDT, :
Defendants. :
RULE 16 SCHEDULING ORDER
WHEREAS, the Court agrees with the parties that the

Case 1:04-cv-01494-JJF Document 94 Filed 11/03/2006 Page 2 of 4
above—captioned cases should be consolidated solely for the
purposes of discovery and other pre—trial proceedings.
Additionally, the Court has reviewed the parties competing
proposed schedules and believes that the following schedule will
provide for fair and efficient management of this case.
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will
exchange within ten (lO) days of the date of this Order the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR
l6.2.
2. Joinder of other Parties. All motions to join
other parties shall be filed on or before August 3, 2007.
3. Discovery.
(a) All fact discovery shall be commenced so as to
be completed by May 2, 2007.
(b) Maximum of 25 interrogatories by each party to
any other party.
(c) Maximum of 25 requests for admission by each
party to any other party.
(d) Maximum of 10 depositions by plaintiff(s) and
10 by defendant(s).
(e) Reports from retained experts required by Fed.
R. Civ. P. 26(a)(2) are due from the plaintiff(s) by August 3,
2007; from the defendant(s) by August 18, 2007.

Case 1:O4—cv-01494-JJF Document 94 Filed 11/O3/2006 Page 3 of 4
(f) Any party desiring to depose an expert witness
shall notice and complete said deposition no later than thirty
(30) days from receipt of said expert’s report, unless otherwise
agreed in writing by the parties.
(g) 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.
4. Amendment of the Pleadings. All motions to amend
the pleadings shall be filed on or before February 2, 2007.
5. 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 September
17, 2007. Briefing shall be pursuant to D. Del. LR 7.l.2. No
case dispositive motion may be filed more than ten (l0) days from
the above date without leave of the Court.
6. Applications by Motion.
(a) Any applications to the Court shall be by
written motion filed with the Clerk of the Court in compliance
with the Federal Rules of Civil Procedure and the Local Rules of
Civil Practice for the United States District Court for the
District of Delaware (Amended Effective January l, l995). Any
non—dispositive motion shall contain the statement required by D.
Del. LR 7.l.l. Parties may file stipulated and unopposed Orders
with the Clerk of the Court for the Court’s review and signing.

Case 1:O4—cv-01494-JJF Document 94 Filed 11/O3/2006 Page 4 of 4
The Court will not consider applications and requests submitted
by letter or in a form other than a motion.
(b) No telephone calls shall be made to Chambers.
(c) 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.
7. Pretrial Conference. A Pretrial Conference will be
held on Thursday, November 15, 2007, at 11:30 a.m., in Courtroom
No. 4B on the 4th Floor, Boggs Federal Building, Wilmington,
Delaware. The Federal Rules of Civil Procedure and Rule l6.4 of
the Local Rules of Civil Practice for the United States District
Court for the District of Delaware (Amended Effective January l,
1995) shall govern the pretrial conference.
8. Trial. Trial will commence at 9:30 a.m. on Monday,
December 3, 2007, in Courtroom No. 4B on the 4th Floor, United
States Courthouse, Boggs Federal Building, Wilmington, Delaware.
November 3, 2006 [ gé& JQ _
DATE UN ED TATE DISTRICT JUDG