Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 97 Filed O9/28/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD M. DURKIN CONTRACTING, E C.A. N0. 04-165 (GMS)
INC. Q
vs. E JURY TRIAL DEMANDED
CITY OF NEWARK, HAROLD F. l
GODWIN, JOHN H. FARRELL, IV, JERRY E
CLIFTON, KARL G. KALBACHER, {
DAVID J. ATHEY, FRANK J. OSBORNE, E
JR., CHRISTINA REWA and URS g
CORPORATION, I
Defendants. E
and E
CITY OF NEWARK, HAROLD F. 5
GODWIN, JOHN H. FARRELL, IV, JERRY }
CLIFTON, KARL G. KALBACHER, E
DAVID J. ATHEY, FRANK J. OSBORNE, g
JR., CHRISTINA REWA and URS I
CORPORATION, Q
Third Party Plaintiffs l
vs. l
FEDERAL INSURANCE COMPANY, E
Third Party Defendant. E
MODIFIED SCHEDULIN G ORDER
This day of September, 2005, the parties have agreed to submit the following
modified scheduling order to the Court for approval.
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1. Dismissal of URS Corporation by Plaintiff. Within ten (10) days of the entry
of this Order, Plaintiff shall file with the Court a Stipulation of Dismissal pursuant to
Fed.R.Civ.P. 4l(a)(l) to dismiss URS Corporation as a party to the litigation.
2. J oinder of other Parties and Amendment of Pleadings. Within thirty days of
the entry of this Order, the parties shall make all final amendments to their pleadings and join
any additional parties.
3. Discovery. All fact discovery in this case shall be initiated so that it will be
completed on or before February 28, 2006. All expert discovery shall be completed by June 30,
2006. Initial expert reports shall be provided by April 28, 2006. Response expert reports shall
be served within thirty days after service of the initial report.
a. Discovery Matters. Should counsel find they are unable to resolve a discovery
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
conference, by hand delivery or facsimile at (302) 573-6472, the party seeking
relief shall file with the court a letter agenda not to exceed two (2) pages outlining
the issues in dispute. Should the court find further briefing necessary upon
conclusion of the telephone conference, the court shall order the party seeking
relief to 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
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more than TWO PAGES within three (3) days from the date of service of the
answering letter.
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 infonnation, they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the court within IO 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. 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 within two (2) weeks of the
close of fact discovery. 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.
6. Applications by Motion. Except as provided in this Order or for matters relating
to scheduling, any application to the Court shall be by written motion filed with the Clerk.
Unless otherwise requested by the Court, counsel shall not deliver copies of papers or
correspondence to Chambers. Any non—dispositive motion should contain the statement required
by Local Rule 7.l.l.
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.
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8. Pretrial Conference. On September 5, 2006, the Court will hold a Pretrial
Conference in Chambers with counsel beginning at 10:00 a.m. Briefs on all Motions in limine
shall be filed by August 14, 2006. The parties shall file with the Court the Joint Proposed Final
Pretrial Order with the information required by the Form of Final Pretrial Order, which
accompanied the Court’s September 23, 2004 Scheduling Order, on or before August 14, 2006.
9. Trial. This matter is scheduled for trial beginning at 9:00 a.m. on September 25,
2006; a total of ten days have been set aside for the trial.
10. Scheduling. The parties shall direct any requests or questions regarding the
scheduling and management of this matter to Chambers at (302) 573-6470.
UNITED STATES DISTRICT JUDGE
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