Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-01339-SLR Document 139 Filed O3/29/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IN RE ALH HOLDINGS LLC ) Consol. C.A, N0. 04—I339-SLR

FOURTH AMENDED SCHEDULING ORDER
At Wilmington this & day of March, 2007, the parties having satisfied their
obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial
scheduling conference pursuant to Fed. R. Civ. P. I6 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED 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.
(a) Discovery will be needed on the following subjects: the formation,
initial funding and subsequent funding of ALH Holdings, LLC, ALH H, Inc. and
subsidiaries (hereafter “ALH"); the business, operations, management, financing and
financial condition (including litigation liabilities) of ALH; the governance and affairs of
ALH and the parties’ participation therein; consulting and other services provided by the
parties to ALH and payments in connection therewith; the sale of ALH and use of
proceeds thereof] the possible purchase of the Class A equity of ALH by the holders of
the Class B equity of ALH; the legal and financial advisors of ALH; the indemnification
rights of certain parties in connection with ALH; the March 15, 1999 SELK Guarantee;
the July 1, 2001 Lion LLC Settlement Agreement; and the December I7, 2004 Settlement
Agreement and Mutual Releases.
wruxrrncrrrowxsosrexr 1srz4v.000

Case 1:04-cv-01339-SLR Document 139 Filed O3/29/2007 Page 2 of 3
(b) All discovery shall be commenced in time to be completed by
April 12,2007.
(c) Maximum of 30 interrogatories by each side to the other side.
(d) Maximum of 50 requests for admission by each side to the other
side. The parties agree that requests for admission will be served not less than 60 days
before the deadline of completion of all discovery.
(e) Maximum of 20 deposition s by plaintiffs and 20 depositions by
defendants. The parties anticipate that there will be significant overlap in the individuals
deposed by plaintiffs and defendants.
(t) Each deposition, other than of George J. Buchler, Eugene I.
Krieger, Bruce J. Stein, Avie Arenson, Shalom Lamm, Michel Konig, William R. Lanius
and John Laguardia, shall be limited to a maximum of seven (7) 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 proof due by March 23, 2007. Rebuttal expert reports
due on April 6, 2007.
(h) 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. 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.
2
WILMlNGTON\50576\l 157;+47.000

Case 1:04-cv-01339-SLR Document 139 Filed O3/29/2007 Page 3 of 3
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motions to join other parties, amend the pleadings, and certify a class
action shall be filed on or before January 20, 2006.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge Thynge for the purposes of exploring ADR.
5. Applications by Motion. Any application to the court shall be by written
motion filed with the clerk. Unless otherwise requested by the court, counsel shall not
deliver copies of papers or correspondence to chambers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1.
6. Motions in Limine. All motions Q lg_ngr_e_ shall be filed on or before
April 16, 2007. All responses to said motions shall be filed on or before April 18, 2007.
7. Pretrial Conference. A pretrial conference will be held on April 23,
2007 at @ rg in courtroom 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 ten day bench trial commencing on
May 7, 2007 in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington,
Delaware. For purposes of completing pretrial preparations, the parties should plan on
being allocated an equal total number of hours in which to present their respective cases.
United States District Judge
3
wrrmmereseusvai immuno