Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-01346-JJF Document 71 Filed 08/O9/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CASSANDRA ARNOLD, )
)
Plaintift] )
)
v. ) Civil Action No. 04-I346-JJF
I
RUTH ANN MINNER; STANLEY TAYLOR; )
PAUL HOWARD; THOMAS CARROLL; )
LAWRENCE MeGUIGAN; CLYDE SAGERS; )
DAVID E. PIERCE, Jr.; JOHN SALAS; STEVEN )
BOONE; BRANDON RICHARDSON; )
WILLIAM FAUST; LACHELLE GREEN; ) JURY TRIAL DEMANDED
RONALD HOSTERMAN; CERTAIN )
UNKNOWN INDIVIDUAL EMPLOYEES OF )
THE STATE OF DELAWARE DEPARTMENT )
OF CORRECTION; and STATE OF DELAWARE )
DEPARTMENT OF CORRECTION, )
)
Defendants. )
SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (D,
IT IS ORDERED that:
I. Pre-Discovery Disclosures. The parties will exchange by October 15,
2005 the information required by Fed. R. Civ. P. 26 (a) (I) and D. Del. LR I6.2.
2. Joinder of other Parties and Amendment of Pleadings. All motions to
join other parties and amend the pleadings shall be filed on or before April IS, 2006.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to the Magistrate Judge Thynge for the purpose of exploring the possibility of rr
settlement. If the parties agree that they would benefit from a settlement conference, the
parties shall contact Magistrate Judge Thynge to schedule a settlement conference so as
to be completed no later than the Pretrial Conference or a date ordered by the Court.

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4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by
August I5, 2006.
(b) Maximum of 50 interrogatories by each party to any other party.
(c) No limit on requests for admission by each party to any other party.
(d) Maximum of 30 depositions by plaintiff and 30 by defendants.
Depositions shall not commence until the discovery required by Paragraph 4 (a,b
and c) are completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26 (a) (2)
are due from the plaintiff by April 15, 2006; from the defendants by July I5,
2006.
(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.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide
shall file a motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4)
pages. An Answer to the Rule 37 motion, not to exceed four (4) pages, shall be
filed within tive (5) days of service of the motion. No reply is permitted.

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(b) All papers shall set forth 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.
(0) Upon receipt of the Answer, the movant shall notify Chambers by e-
mail at [email protected] that the patties have completed briefing.
(d) There is no limit on the number of Rule 37 motions a party may tile,
unless otherwise ordered by the Court.
6. Amendment of the Plendings. All motions to amend the pleadings shall
be tiled on or before April 15, 2006.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to
the Federal Rules of Civil Procedure, shall be served and tiled with an opening brief on
or before September 15, 2006. Briefing shall be pursuant to D. Del. LR 7.l.2, except
that any party shall have at least thirty (30) days to respond to an opening brief No case
dispositive motion may be tiled more than ten (l0) days from the above date without
leave of the Court.
S. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled 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 Etleetive January 1, 1995). Any non—dispositive
motion shall contain the statement required by D. Del. LR ?.l.l. Briefs shall be
limited to no more than ten (10) pages. Parties may tile stipulated and unopposed
Orders with the Clerk ofthe Cotut for the Cou11’s review and signing. The Court

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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.
(d) Any party with a tme emergency matter requiring the assistance ofthe
Court shall e-mail Chambers at: [email protected]. The e-mail shall
provide a short statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference. The Court will
determine whether the trial date should be scheduled when the Scheduling Order is
entered or at the Pretrial Conference. lf scheduling ofthe trial date is deferred until the
Pretrial Conference, 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.
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