Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-00897-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BARBARA MACHETTE, Plaintiff, v. CAESAR RODNEY SCHOOL DISTRICT, CAESAR RODNEY BOARD OF EDUCATION, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No.: 04-897-SLR ARBITRATION

Case 1:04-cv-00897-SLR

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ORDER FOR SCHEDULING CONFERENCE At Wilmington this 10th IT IS ORDERED that: 1. A telephonic scheduling conference to be initiated day of March, 2005

by plaintiff's counsel shall be held on March 16, 2005 at 8:00

a

m.

See D. Del. LR 16.2. 2. Pursuant to the early disclosure requirements of

Fed. R. Civ. P. 26, counsel shall immediately exchange the following information without formal discovery requests: (a) identities of individuals likely to have knowledge of discoverable information that may be used to support the disclosing party's claims or defenses; documents and things in the possession of counsel or the party that may be used to support the disclosing party's claims or defenses; identities of experts and their opinions; insurance agreements in force; and statement of the basis for any damages claimed.

(b)

(c) (d) (e)

Counsel should not file any of the aforementioned with the court. 3. Prior to the teleconference scheduled herein,

counsel shall confer pursuant to Fed. R. Civ. P. 26(f) and shall submit a discovery plan to the undersigned not later than 24 hours prior to the conference with the court. The discovery plan

shall conform to the enclosed form of scheduling order.

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4.

At the teleconference with the court, all parties

shall be represented by counsel who shall have full authority to bind their clients in all pretrial matters. 5. If any party hereafter enters an appearance,

counsel for plaintiff shall notify said party of the above teleconference and forward to that party a copy of these materials. 6. The parties shall advise the undersigned

immediately if this matter has been settled or terminated so that the above teleconference may be canceled. 7. Counsel are further advised that communications to

the court by FAX will not be accepted. 8. Pursuant to Local Rule 83.5, counsel moving the

admission of attorneys pro hac vice shall submit one inclusive motion and order for all such attorneys.

United States District Judge

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O R D E R This 10th day of
March

200 5, the parties

having satisfied their obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b). IT IS ORDERED that: 1. Pre-Discovery Disclosures. The parties [have ] the information

exchanged] [will exchange by April 1, 2005 (date)

required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2. 2. Discovery. (a) Discovery will be needed on the following

subjects: The nature of Plaintiff, Derrick Serrano's disability and the event(s) leading to his discipline THe
and all related information known, considered, and/or in the possession of Defendant at the time
surrounding the manifestation determination and/or subsequent Due Process Hearing findings.

(b)

All discovery shall be commenced in time to . interrogatories by each party

1, 2005 be completed by July (date)
(c) to any other party. (d)

Maximum of 40

Maximum of 40

requests for admission by

each party to any other party. (e) Maximum of 5 depositions by plaintiff and

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by defendant. (f) Each deposition [other than of

N/A

]

limited to a maximum of 3 of parties. (g)

hours unless extended by agreement

Reports from retained experts under Rule

26(a)(2) on issues for which any party has the burden of proof

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Rebuttal expert reports due by June 30, 2005. . .

All Daubert motions due by July 29, 2005 (h)

Supplementations under Rule 26(e) due . Any discovery dispute

(time(s)bi-monthly or interval(s))

(i) Discovery Disputes.

shall be submitted to the court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is limited to two (2) Rule 37 motions. The court shall make itself available, however,

to resolve through a telephone conference, disputes that arise during the course of a deposition and disputes related to entry of a protective order. 3. Joinder of other Parties, Amendment of Pleadings, All motions to join other parties,

and Class Certification.

amend the pleadings, and certify a class action shall be filed on or before June 1, 2005 4. . Pursuant to 28 U.S.C. §

Settlement Conference.

636, this matter is referred to Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. 5. Summary Judgment Motions. All summary judgment

motions shall be served and filed with an opening brief on or before July 29, 2005 7.1.2. . Briefing shall be pursuant to D. Del. LR

No summary judgment motion may be filed more than ten

(10) days from the above date without leave of the court. 6. Applications by Motion. Any application to the Unless

court shall be by written motion filed with the clerk. 2

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otherwise requested by the court, counsel shall not deliver copies of papers or correspondence to chambers. Any non-

dispositive motion shall contain the statement required by D. Del. LR 7.1.1. 7. Motions in Limine. All motions in limine shall be All

filed on or before [two weeks before pretrial conference].

responses to said motions shall be filed on or before [one week before pretrial conference]. 8. held on Pretrial Conference. at A pretrial conference will be m. in Courtroom No. 6B,

bi-monthly Sixth Floor Federal Building, 844 King Street, Wilmington,

Delaware.

The Federal Rules of Civil Procedure and D. Del. LR

16.4 shall govern the pretrial conference. 9. Trial. This matter is scheduled for a [day/week] in

bench/jury trial commencing on

Courtroom No. 6B, Sixth Floor Federal Building, 844 King Street, Wilmington, Delaware. For purposes of completing pretrial

preparations, the parties should plan on being allocated a total number of hours in which to present their respective cases.

United States District Judge

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