Free Order - District Court of Delaware - Delaware

Case 1:04-cv—01346-JJF Document 69-2 Filed 07/22/2005 Page1 of 4
(Non-Patent Revised 10/04)
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under
Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
I. Pre—Disc0very Disclosures. The parties [have
exchanged] [will exchange] by (date) the information required by
Fed. R. Civ. P. 26(a)(I) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join
other parties shall be filed on or before [date) . I
3. Settlement Conference. Pursuant to 28 U.S.C. § {
636, this matter is referred to Magistrate Judge Thynge for the I
purposes of exploring the possibility of a 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.
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 {date) .
(b) Maximum of interrogatories by each
party to any other party.
(c) Maximum of requests for admission by

Case 1:04-cv—01346-JJF Document 69-2 Filed 07/22/2005 Page 2 of 4
each party to any other party.
(d) Maximum of depositions by plaintiff(s)
and by defendant(s). 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(s) by (date) ;
from the defendant(s) by (date) .
(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. y
(a) A party seeking discovery which the opposing 1
party refuses to provide shall file a motion (no brief) pursuant
to Rule 37 of the Federal Rules of Civil Procedure and Local Rule
37.1. 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 five (5) days of service of the motion. No reply
is permitted.
(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.
(c) Upon receipt of the Answer, the movant shall
notify Chambers by e-mail at [email protected] that the
parties have completed briefing.

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(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.
6. Amendment of the Pleadings. All motions to amend
the pleadings shall be filed on or before .
7. 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 ,
20___. Briefing shall be pursuant to D. Del. LR 7.1.2. No case
dispositive motion may be filed more than ten (10) days from the
above date without leave of the Court. {
8. 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 1, 1995). Any
non—dispositive motion shall contain the statement required by D.
Del. LR 7.1.1. Briefs shall be limited to no more than ten (10)
pages. Parties may file stipulated and unopposed Orders with the
Clerk of the 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.

Case 1:04-cv—01346-JJF Document 69-2 Filed 07/22/2005 Page 4 of 4
(b) No facsimile transmissions will be accepted.
(c} No telephone calls shall be made to Chambers.
(d) 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.
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. If scheduling of the 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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