Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01314-SLR Document 19-2 Filed O9/20/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
MARLAYNA G. TILLMAN, )
Plaintiff, g C.A. NO. 04—13l4(SLR)
v. E JURY TRIAL DEMANDED
THE PEPSI BOTTLING GROUP, INC., ;
and TEAMST ERS LOCAL UNION 830, )
Defendants. g
ORDER
At Wilmington this day of , 2005, the parties having
satisfied their obligations under Fed. R. Civ. P. 26(I), and the court having conducted a
pretrial scheduling conference pursuant to Fed. R. Civ. P. I6 and D. Del. LR l6.2(a) and
C (b)-
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by September 30,
2005, the information required by Fed. R. Civ. P. 26(a)(i) and D. Del. LR l6.2.
2. Discovery.
(a) Discovery will be needed on the following subjects: liability and
damages.
(b) All discovery shall be commenced in time to be completed by
February 28, 2006.
(c) Maximum of 25 interrogatories by each party to any other party.

Case 1:04-cv-01314-SLR Document 19-2 Filed O9/20/2005 Page 2 of 3
(d) Maximum of 25 requests for admission by each party to any other
party.
(e) Maximum of 10 depositions by plaintiff and 10 by each defendant.
(f) Each deposition, limited to a maximum of 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 15, 2006. Rebuttal expert reports
due by April 14, 2006.
(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.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All-motion to join other parties, amend the pleadings, and certify a class
action shall be filed on or before October 21, 2005.
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. Summary Judgment Motions. All summary judgment motions shall be
served and filed with an opening brief on or before April 17, 2006. Any answering briefs
shall be due thirty (30) days after service of the opening brief. Any reply briefs shall be
due fifteen (15) days after service of the answering brief. No summary judgment motion
may be filed more than ten (10) days from the above date without leave of the court.

Case 1:04-cv-01314-SLR Document 19-2 Filed O9/20/2005 Page 3 of 3
6. 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 changers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions Q Qrmg shall be tiled on or before
(two weeks before pretrial conference). All responses to said motions
shall be filed on or before (one week before pretrial conference).
8. Prctrial Conference. A pretrial conference will be held on
at W:___ _.m 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.
9. Trial. This matter is scheduled for a ___-day jury trial commencing on
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 a total number of hours in which to present their respective eases.