Free Letter - District Court of Delaware - Delaware

‘ Case 1 :04-cv-01364-SLR Document 24-2 Filed O3/O9/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
OSVELI BERDUO—DEL`EOi\l, et al., )
Plaintiffs, l
v. )
)
FRESH CUT LAWN AND LANDSCAPE ) C.A. No. 04-1364-SLR
SERVICE, INC., et al., ) [Class Action]
Defendants. l
0 R D E R
This day of March, 2005, the parties having satistied their
obligations under Fed. R. Civ. P. 26(D, 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 OWERED that:
1. Pre-Discovery Disclosures. The parties have exchanged the
information required by Fed. R. Civ. P. 26(a)( 1) and D. Del. LR 16.2.
- 2. Discovery.
(21) Discovery will be needed on the following subjects:
By Plaintiff:
(i) defendants’ overtime pay practices
(ii) quantification regarding underpayments
By Defendants:
(i) the basis for each plaintiffs claim for overtime pay
(bl Ali discovery shall be commenced in time to be completed
by September 1, 2005.
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Case 1:04-cv-01364-SLR Document 24-2 Filed O3/O9/2005 Page 2 of 3
(c) Maxiniurn of 20 interrogatories by each party to any other
party.
(d) Maximum ofi20 requests for admission by each party to
any other party.
(e) Maximum of 6 depositions by plaintiff and by defendants,
except that defendants shall have the right to depose each plaintiff, including those who
elect to opt—in to this matter.
(D Each deposition shall be limited to a maximum of 4 hours
unless extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues
for which any party has the burden of proofdue by July 1, 2005. Rebuttal expert reports
due by August l, 2005.
(h) Supplementations under Rule 26(e) due every 2 months.
(i) Discovery Disputes. Any discovery dispute shall be
submitted to the court pursuant to Fed. R. Civ. P. 37. During the course ofdiscovery,
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 Plendings, and Class
Certification. All motions to join other parties, amend the pleadings, and certify a class
action shall be tiled on or before April 1, 2005.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter
is referred to Magistrate Judge Thynge for the purposes of exploring the possibility of a
settlement.
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Case 1:04-cv-01364-SLR Document 24-2 Filed O3/O9/2005 Page 3 of 3
5. Applications by Motion. Any application to the court shall be by
written motion tiled with the clerk. Unless otherwise requested by the court, counsel shall
not deliver copies of papers or correspondence to chambers. Any nomdispositive motion
shall contain the statement required by D.Del. LR 7.1.1.
6. Motions in Limine. All motions in _@i,n__e, shall be filed on or
before two weeks before pretrial conference. All responses to said motions shall be tiled
on or before one week before pretrial conference.
7. Pretrial Conference. A pretrial conference will be held on
September I, 2005 at 4:30 pin. in Courtroom No. 6B, Sixth Floor Federal Building, 844
King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del.
LR. 16.4 shall govern the pretrial conference.
8. Trial. This matter is scheduled for a one week bench trial
commencing on September 12, 2005 in Courtroom No. 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.

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