Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-00961-JJF Document 41 -3 Filed 10/05/2005 Page 1 of 4 I
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE 1
UNI-DIVERSIFIED, INC., and )
TRIANGLE CORPORATION )
)
Plaintiffs, ) I
) Civil Action
v. ) I
) File N0: 04-961 (IJF)
SPALDING SPORTS WORLDWIDE, INC. ) .
and RUSSELL CORPORATION )
) - rl
Defendants. ) 'Y

PROPOSED AMENDED RULE 16 SCHEDULING ORDER ll
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
ITIS 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. Joinder of other Parties. All motions to join other parties shall be A
filed on or before May 8, 2005. .
l - 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 _ j'[_
parties agree that they would benefit from a settlement conference, the parties shall contact l
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later A
than the Pretrial Conference or a date ordered by the Court. Z_:

Case 1:04-cv-00961-JJF Document 41-3 Filed 10/05/2005 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. if
(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 experts required by Fed. R. Civ. P. 26(a)(2) are due U
from the plaintiff(s) by January 8, 2006 from the defendant(s) by February 8, 2006.
(f) Any party desiring to depose an expert witness shall notice and 5
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. i
(a) A party seeking discovery which the opposing party refuses to provide
l shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure and l .
Local Rule 37.1. Said motion shall not exceed a total of four (4) pages. An Answer to the Rule
A 37 motion, not to exceed four (4) pages, shall be filed within five (5) days of service of the
motion. No reply is permitted. _ p
(b) All papers shall set forth in a plain and concise manner the issue(s) in A
. 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 jjf [email protected] that the parties have completed briefing.
D (d) Upon receipt of the movant‘s e—mail, the Court will determine whether Z

Case 1:04-cv-00961-JJF Document 41-3 Filed 10/05/2005 Page 3 of 4 ._
a conference is necessary and advise the parties accordingly. if
(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 E
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 filed 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. l
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the *
an Clerk of the 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 1, 1995). Any non-dispositive motion shall contain the statement required by p
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.
l (c) No telephone calls shall be made to Chambers. j A
(d) Any party with a true emergency matter requiring the assistance of the -0
Court shall e—mail Chambers at: jjf [email protected]. The e—mail shall provide a short li;
statement describing the emergency. `

Case 1:04-cv-00961-JJF Document 41-3 Filed 10/05/2005 Page 4 of 4 i
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 l
- 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 UNITED STATES DISTRICT JUDGE
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