Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01386-JJF Document 32 Filed 08/O4/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SANITEC INDUSTRIES, INC., )
Plaintiff] g
v, g Civil Action No. 04-1386-JJF
SANITEC WORLDWIDE, LTD., g
Defendant. g
RULE 16 SCHEDULING § `;Re
The parties having satisfied their obligations under Fed. R. Civ. P. 26(I),
IT IS ORDERED that:
Pre-Discovery Disclosures. The parties will exchange by August 5, 2005 the
infomtation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
Joinder ofOther Parties. All motions tojoin other parties shall be tiled on or before
September 1, 2005.
Discovery.
(a) Exchange and completion of contention interrogatories, identification of fact
witnesses, and document production shall be commenced so as to be completed by December 15,
2005.
b) Maximum of20 interrogatories, including contention interrogatories, for each
side.
(c) Maximum of 30 requests for admission by each side.
(d) Maximum of four (4) depositions by plaintiff and four (4) by defendant,
excluding expert depositions.

Case 1:04-cv-01386-JJF Document 32 Filed 08/O4/2005 Page 2 of 4
(e) On or before January 13, 2006, the parties shall serve expert reports on all
issues for which a party bears the burden of proof. On or beforeFebruary 10, 2006, 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) 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 or ordered by the Court.
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.l. 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 filed within live (5) days of service ofthe motion.
No reply is permitted.
(b) All papers shall set fonh in a plain and concise manner the issue(s) in dispute,
the party’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 j [email protected]. gov that the dispute is ready for decision.
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may file, unless
otherwise ordered by the Court.

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Amendment ofthe Pleadings. All motions to amend the pleadings shall be filed on
or before September 1, 2005.
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 April 7, 2006.
Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed after the
above date without leave of the Court for good cause shown. The Court will issue a separate Order
regarding procedures for filing summary judgment motions.
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 beforeMarch 6,
2006, the parties will advise the Court whether a Markman hearing will be necessary, and, if so, of
their proposed schedule for claim construction briefing.
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, 1995). 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 ofthe 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.
(b_) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.

Case 1:04-cv-01386-JJF Document 32 Filed 08/O4/2005 Page 4 of 4
(d) Any party with a true emergency matter requiring the assistance ofthe Court
shall e-mail Chambers at: jj i`[email protected]. The e-mail shall provide a short statement
describing the emergency.
Pretrial Conference and Trial.
A Pretrial Conference will be held on Thursday, July 13, 2006 at 12:30 p.m., in
Courtroom No. 4B on the 4th Floor, United States Courthouse, Boggs Federal Building,
Wilmington, Delaware. 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.
August Lg , 2005 ·*»
DAT ITINI ED S AATE ISTRICT