THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT COURT OF DELAWARE
THERESA CROTHER, : Civil Action No.04—9l3(l
: TWELVE DEMANDED
GREGORY PARISE, :
MICHAEL WHETSTONE,
v.
TOWN OF DEWEY BEACH, :
SAMUEL MACKERT,
Acting Chief :
Dewey Beach Police Department :
PATROLMAN ZACHARY PETTYJOHN,
Dewey Beach Police Department 2
PATRTOLMAN JOHN WH EATLEY,
Dewey Beach Police Department
THIRD AMENDED SCHEDULING ORDER
U- · ‘ ( 5 _i
At Wilmington this;7§/Eliay of lvl} , 2006.
IT IS HEREBY ORDERED tha the Courts Scheduling Order dated November 8, 2004
(D. I. I5), First Amended Scheduling Order dated September 28, 2005 (D. I. 40) and Second
Amended Scheduling Order dated March 13, 2006 (D. I. 46), are amended as follows:
l . Discovery
a. Discovery Cut-Off All discovery in this case shall be initiated so that it
will be completed on or before November 30, 2006. The Court encourages the parties to serve
and respond to contention interrogatories early in the case. Unless otherwise ordered by the
Court, the limitations on discovery set forth in Local Rule 26.I shall be strictly observed.
Case 1:04-cv—00913-GMS Document 55 Filed 07/28/2006 Page 2 of 3
b. Disclosure of Expert Testimony. Unless otherwise agreed to by the parties, they
shall file their initial Federal Rule ofCivi| Procedure 26(a)(2) disclosures ofexpert testimony on
or before ninety (90) days before the date ofthe completion ofdiscovery; and they shall file a
supplemental disclosure to contradict or rebut evidence on the same subject matter identified by
another party sixty (60) days before the date for the completion ofdiscovery. To the extent any
objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell
Dow Pharm., lnc., 509 U.S. 579 (1993), it shall be made by motion no later than the deadline for
dispositive motions set forth herein, unless otherwise ordered by the Court.
2. Case Dispositive Motions. All case dispositive motions, an opening brief, and
affidavits, ifany, in support ofthe motion shall be served and filed on or before December 22,
2006. Briefing will be presented pursuant to the Court's Local Rules.
3. Pre-Trial Conference. On May 30, 2007, the Court will hold a final Pre—Trial
Conference in Chambers with counsel beginning at 4:30 p.m. Unless otherwise ordered by the
Court, the parties should assume that filing the Pre—Trial Order satisfies the pre-trial disclosure
requirement of Federal Rule ofCivi| Procedure 26(a)(3). The parties shall file with the Court
joint proposed final pre—trial order with the information required by the form of Pre—Trail Order
which accompanied the Court's original Scheduling Order dated November 8, 2004 (D. l. I5) on
or before April 30, 2007. _
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4. @. This matter is scheduled for a three (3) dawrial begi ning at 9:30 am. on
June 25 through June 27, 2007. For the purpose ofcompleting pre—trial preparations, counsel
should plan on each side being allocated a total of eight (8) hours to present their case.
Case 1:04-cv—00913-Gl\/IS Document 55 Filed 07/28/2006 Page 3 of 3
All other deadlines as set forth in the Court's November 8, 2004 Scheduling Order (D. I.
I5), September 25, 2005 First Amended Scheduling Order (D. I. 40) and March I3, 2006 Second
Amended Scheduling Order (D. I. 46) shall remain in effect.
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