Free Scheduling Order - District Court of Delaware - Delaware

_ Case 1 :04-cv-00961-JJF Document 47 Filed O3/22/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
IN AND FOR Tl-IE DISTRICT OF DELAWARE
UNI-DIVERSIFIED, INC., and )
TRIANGLE CORPORATION )
)
Plaintiffs, )
) Civil Action
v. )
) File No: 04-961 (.T.l`F)
SPALDING SPORTS WORLDWIDE, INC. )
and RUSSELL CORPORATION )
)
Defendants. )

STIPULATED PROPOSED SECOND
AMENDED RULE I6 SCHEDULIN G ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(i),
IT IS ORDERED that:
l. Pre·Discovery Disclosures. The parties have exchanged information required by
Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be
filed on or before May 8, 2005.
3. Settlement Conference. Pursuant to 28 D.S.C. §636, this matter is referred
to Magistrate Judge Thynge for the 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.
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, _ Case 1:04-cv-00961-JJF Document 47 Filed O3/22/2006 Page 2 of 4
4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses, document production and all depositions shall be commenced so as to be completed
by May 31, 2006.
(b) Maximum of 50 interrogatories by each party to any other party.
(e) Maximum of 25 requests for admission by each party to any other party.
(d) Maximum of 10 depositions by plaintiff(s) and 10 by defendant(s).
Depositions may commence immediately.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the plaintiff(s) by April l4, 2006 from the def`endant(s) by May l2, 2006.
(i) 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 of the Federal Rules of Civil Procedure and
Local Rule 37.}. 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 ofthe
motion. No reply is pemiittcd.
(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.
(e) Upon receipt of the Answer, the movant shall notify Chambers bye-
mail at jjf [email protected]. gov that the parties have completed briefing.
(d) Upon receipt of the movant's e-mail, the Court will determine whether
a conference is necessary and advise the parties accordingly.

_ Case 1 :04-cv-00961-JJF Document 47 Filed O3/22/2006 Page 3 of 4
(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 May 8, 2005.
7. Case Disposltive 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
June 30, 2006. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may
be filed more than ten (10) days tiom the above date without leave ofthe Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled with the
Clerk ofthe 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 l, 1995). Any non-dispositive motion shall contain the statement required by
D. Del. LR 7.1.1. 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.
(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: jjf [email protected]. The e—mail shall provide a short
statement describing the emergency.

Case 1 :04-cv-00961-JJF Document 47 Filed O3/22/2006 Page 4 of 4
9. Pretrlal 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.
MCCARTER & ENGLISH, LLP MORRIS JAMES HITCHENS
& WILLIAMS LLP
~ *
William F. Taylor, Jr., Esquire ichael A. Weidin r, Esquire
Tanya Pino Iefferis, Esquire 222 Delaware Ave ue, 10 Floor
919 Market Street, Suite 1800 P.O. Box 2306
P.O. Box lll Wilmington, DE 9899-2306
Wilmington, DE 19899 Telephone: 302-888-6995
Telephone: 302-984-6300 Facsimile: 302-571 -1 750
Facsimile: 302-984-6399
Attomeys for Plaintiff Attorney for Defendant
SO ORDERED:
I I I I .,
UNITED sr · i ES DISTRICT COURT JUDGE
7. .
Date: iVV°‘·*-