Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-00407-GMS

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re BROADBAND OFFICE, INC., Debtor. Civil Action No. 04-407 (GMS) Bankruptcy Case No. 01-1720 (GMS) Chapter 11

BROADBAND OFFICE, INC., Plaintiff, vs. TECHNOLOGY CREDIT CORPORATION D/B/A EXTREME NETWORKS CREDIT CORPORATION, EXTREME NETWORKS, INC., KEY CORPORATE CAPITAL, INC. KEY EQUIPMENT FINANCE, INC. LEASETEC CORPORATION Defendants.

AMENDED SCHEDULING ORDER

This ___ day of September 2006, the Court having conducted a Rule 16 Scheduling Conference pursuant to Local Rule 16.2(b) on April 18, 2006, and the parties having determined after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation or binding arbitration, and the Court having entered a Scheduling Order on April 29, 2006, and the Plaintiff having filed a Motion for Enlargement of Fact Discovery Period and Related Non-Trial Deadlines, and no Defendant having an objection to the relief sought in the motion; IT IS ORDERED that:

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1.

Rule 26(a) Initial Disclosures: Unless otherwise agreed to by the parties, they

shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or before June 1, 2006. Discovery may be served prior to the due date for such disclosures. 2. Joinder of other Parties and Amendment of Pleadings: All motions to join

other parties and amend the pleadings shall be filed on or before June 15, 2006. 3. Discovery: All discovery in this case shall be initiated so that it will be completed

on or before the following dates: Fact Discovery Completion Date: Expert Report Due Date: Expert Discovery Completion Date: December 15, 2006 December 29, 2006 February 15, 2007

a. Discovery and Scheduling Matters: Should counsel find they are unable to resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at (302) 573-6470 to schedule a telephone conference. Not less than forty-eight hours prior to the teleconference, the parties shall file with the court, via electronic means (CM/ECF), a joint, nonargumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute. A sample letter can be located on this court's website at www.ded.uscourts.gov. Should the court find further briefing necessary upon conclusion of the telephone conference, unless otherwise directed, the party seeking relief shall file with the court a TWO PAGE LETTER, exclusive of exhibits, describing the issues in contention. The responding party shall file within five (5) days from the date of service of the opening letter an answering letter of no more than TWO PAGES. The party seeking relief may then file a reply letter of no more than TWO PAGES within three (3) days from the date of service of the answering letter.

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4.

Confidential Information and Papers filed under Seal: Should counsel find it

will be necessary to apply to the court for a protective order specifying terms and conditions for the disclosure of confidential information, they should confer and attempt to reach an agreement on a proposed form of order and submit it to the court within ten (10) days from the date of this order. When filing papers under seal, counsel should deliver to the Clerk an original and two copies of the papers. If, after making a diligent effort, the parties are unable to agree on the contents of the joint, proposed protective order, then they shall follow the dispute resolution process outlined in paragraph 3(a). 5. Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is referred to the

United States Magistrate for the purpose of exploring the possibility of a settlement. If the parties agree that the possibility of settlement may be enhanced by such referral, the parties shall contact Magistrate Judge Thynge to schedule a settlement conference with counsel and clients. 6. Case Dispositive Motions: All case-dispositive motions and an opening brief and

affidavits, if any, in support of the motion shall be served and filed on or before March 15, 2007. Briefing will be presented pursuant to the court's Local Rules, unless the parties agree to an alternative briefing schedule. Any such agreement shall be in writing and filed with the Court for the Court's approval. Any request for extensions of time as set forth in this Scheduling Order must be accompanied by an explanation or your request will be denied. 7. Applications by Motion: Except as provided in this Scheduling Order or for

matters relating to scheduling, any application to the Court shall be by written motion filed, via electronic means (CM/ECF). Unless otherwise requested by the Court, counsel shall not deliver

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copies of papers or correspondence to Chambers. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1. 7. Oral Argument. If the Court believes that oral argument is necessary, the Court

will schedule a hearing Pursuant to Local Rule 7.1.4. 8. Pretrial Conference: On May 7, 2007 at 11:00 a.m., the Court will hold a Pretrial

Conference in chambers with counsel. Unless otherwise ordered by the Court, the parties should assume that filing the Pretrial Order satisfies the pretrial disclosure requirement in Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the court the Joint Proposed Final Pretrial Order with the information required by the form of Final Pretrial Order. A sample form of Pretrial Order can be located on this court's website at www.ded.uscourts.gov. 9. Trial; This matter is scheduled for a two day bench trial beginning at 9:00 a.m.

on May 29, 2007. 10. Scheduling: The parties shall contact chambers, at (302) 573-6470, only in

situations where scheduling relief is sought and only then when ALL participating counsel are on the line for purposes of selecting a new date.

________________________________ GREGORY M. SLEET UNITED STATES DISTRICT JUDGE

Copies to Counsel

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