Free Scheduling Order - District Court of Delaware - Delaware

. Case 1 :04-cv-00961-JJF Document 42 Filed 10/13/2005 Page 1 of 4 .
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
’ UNI-DIVERSIFIED, INC., and )
TRIANGLE CORPORATION )
)
Plaintiffs, )
) Civil Action
v. · )
) File No: 04-961 (JJF)
SPALDING SPORTS WORLDWIDE, INC. )
and RUSSELL CORPORATION )
· ) .
Defendants. )

PROPOSED AMENDED RULE 16 SCH`EDU`L1`NG ORDER
The panics having satisfied their obligations under Fed. R. Civ. P. 26(t),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties have exchanged information required by
Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. J oindcr of other Parties. All motions to join other patties 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 Thyngc to schedule a settlement conference so as to be completed nc later
A e than the Pretrial Conference or a date ordered bythe Court. n

Case 1 :04-cv-00961-JJF Document 42 Filed 10/13/2005 Page 2 of 4
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 December 8,
2005.
(b) Maximum of 50 interrogatories by each party to any other party. .
(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). Depositions shall not commence until the discovery required by Paragraph 4 (a,
b and c) are completed.
(e) Reports from retained expfts required by Fed. R. Civ, P. 26(a)(2) are due
from the plaintiff(s) by January 8, 2006 from? the defcndant(s) by February 8, 2006.
(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. ‘
(a) A party seeking discovery which the opposing party refuses to provide
n l shall Hle a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure and -
Local Rule.3'/.1. Said motion shall not exceed a total of four (4) pages. An Answer to the Rule
I 37 motion, not to exceed four (4) pages, shall be tiled within tive (5) days of service ofthe
motion. No reply is permitted. p
(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 bye-
mail at [gf [email protected] that the parties have completed briefing.
i (d) Upon receipt of the movant's e-mail, the Court will determine whether

Case 1 :04-cv-00961-JJF Document 42 Filed 10/13/2005 Page 3 of 4
a conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may tile,
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 Dispositive 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
April 28, 2006. 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. I
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled with the
i Clerk of the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules
I of Civil Practice for the United States District Court for the District of Delaware (Amended
l Effective January 1, 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 ofthe Court
g. 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.
(e) 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: jif [email protected]. The e-mail shall provide a short
statement describing the emergency. D _ I I
il

Case 1 :04-cv-00961-JJF Documgnt 42 Filed 10/13/2005 Page 4 of 4
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.
DATE D S T ISTRICT JUD
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