Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-00961-JJF Document 46 Filed 03/21 /2006 Page 1 of 4 I
IN THE UNITED STATES DISTRICT COURT ‘
IN AND FOR THE DISTRICT OF DELAWARE »
UNI-DIVERSIFIED, INC., and ) .
TRIANGLE CORPORATION ) i
. ) _.
Plaintiffs, )
) Civil Action
v. ) -
) File No: 04-961 (JJF)
SPALDING SPORTS WORLDWIDE, INC. )
and RUS SELL CORPORATION ) p
) ,
- Defendants. ) i`
.
STIPULATED PROPOSED SECOND ''.`
AMENDED RULE 16 SCHEDULING ORDER ;_
The parties having satisfied their obligations under Fed. R. Civ. P. 26(i),
. I IT IS ORDERED that: l.
f l. Pre-Discovery Disclosures. The parties have exchanged information required by
Fed. R. Civ. P. 26(a](l) 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. I
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. I
_ . Msnsz6·n4s.2

Case 1 :04-cv-00961-JJF Document 46 Filed O3/21/2006 Page 2 of 4 ii
4. Discovery.
_ (a) Exchange and co1npletion of interrogatories, identification of all fact Ip
wimesses, document production and all depositions shall be commenced so as to be completed A
by May 31, 2006.
(b) Maximum of 50 interrogatories by each party to any other party. U
. (c) 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).
A Depositions may commence immediately. if
l (e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the plaintiff(s) by April 14, 2006 from the defendant(s) by May 12, 2006.
(i) Any party desiring to depose an expert witness shall notice and
A complete said deposition no later than thirty (30) days from receipt of said expert's report, unless
‘ A otherwise agreed in writing by the parties.
4 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 _.
an . ‘ 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 tiled within tive (5) days of service ofthe
motion. No reply is permitted. if
(b) All papers shall set forth in a plain and concise maxmer the issue(s) in
. . dispute, the party's position on the issue(s), and the reasons for the party‘s position. U _ if
, . (c) Upon receipt ofthe Answer, the movant shall notify Chambers bye- A
mail at jjf [email protected] that the parties have completed briefing. pg
(d) Upon receipt of the mova11t's e-mail, the Court will determine whether
a conference is necessary and advise the parties accordingly. l

` Case 1 :04-cv-00961 -.1JF Document 46 Filed O3/21/2006 Page 3 of 4
V (e) There is no limit on the number of Rule 37 motions a party may file, U
unless otherwise ordered by the Court. ‘ l
6. Amendment of the Pleadings. All motions to amend the pleadings shall be
U U Hled on or before May 8, 2005. g
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the gn
Federal Rules of Civil Procedure, shall be served and Bled 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
1 . be filed more than ten (10) days from the above date without leave of the Court. all
U l S. Applications by Motion. ii
(a) Any applications to the Court shall be by written motion filed with the l L
Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the Local Rules U
U of Civil Practice for the United States District Court for the District of Delaware (Amended
Effective January 1, 1995). Any non-dispo sitive 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 i
submitted by letter or in a form other than a motion.
_ l (la) No facsimile transmissions will be accepted. - { ·
(c) No telephone calls shall be made to Chambers. l l
(tl) Any party with a true emergency matter requiring the assistance of the rs,
Court shall e—mail Chambers at: jjf [email protected]. The e-mail shall provide a short ij
U statement describing the emergency. Q

Case 1 :04-cv-00961-JJF Document 46 Filed 03/21 /2006 Page 4 of 4 iw
9. Pretrial Conference and Trial. After reviewing the parties' Proposed
Scheduling Order, the Court will schedule a Pretrial Conference. I
The Court will determine whether the trial date should be scheduled when
the Scheduling Order is entered or at the Pretrial Conference. If scheduling ofthe trial date is (rg
deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a l
trial to be held within sixty (60) to ninety (90) days of the Pretrial Conference.
MCCARTER & ENGLISH, LLP MORRIS JAMES HITCHENS A
& WILLIAMS LLP
` » ~ (
U _ William F. Taylor, Jr., Esquire ichael A. Weidin r, Esnguire l
Tanya Pino Jefferis, Esquire 222 Delaware Ave ue, 10* Floor Q
‘ 919 Market Street, Suite 1800 P.O. Box 2306 5
P.O. Box 111 Wilmington, DE 9899~2306
Wilmington, DE 19899 Telephone: 302—888—6995
Telephone: 302-984-6300 Facsimile: 302-571-1750
Facsimile: 302-984-6399
‘ Attorneys for Plaintiff Attorney for Defendant ` in
_ SO ORDERED: {_-
, ‘ UNITED STATES DISTRICT COURT JUDGE _ ·
Date: _ l l ii