Free Scheduling Order - District Court of Delaware - Delaware

Case 1:08-cv-00374-JJF Document 8 Filed 08/13/2008 Paget 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
REYBOLD CONSTRUCTION )
CORPORATION, ) C.A. No. 08-CV-374 JJF
Plaintiff, g ‘
v. g JU RY TRIAL DEMANDED
RALPH GREBOW, g
Defendant. g
)
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by September 22, 2008
the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.1.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before October 17, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to
Magistrate Judge for the purposes of exploring the possibility of a
settlement. lf the parties agree that they would benefit from a settlement conference, the
parties shall contact the Magistrate Judge to schedule a settlement conference so as to be
completed no later than the Pretrial Conference or a date ordered by the Court.
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 1, 2008.

Case 1:08-cv-00374-JJF Document 8 Filed 08/13/2008 Page 2 of 4
(b) Maximum of 35 interrogatories by each party to any other party.
(c) Maximum of 25 requests for admission by each party to any other
party.
(d) Maximum of 5 depositions by plaintiff(s) and 5 by defendant(s).
Depositions shall not commence tmtil 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 from the party with the burden of proof on the issue the expert is offered by March 2,
2009.
(f) Any party desiring to depose an expert witness shall notice and
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. Non-Case Dispositive Motions.
(a) Any non-case dispositive motion, along with an Opening Brief, shall be
filed with a Notice of Motion. The Notice of Motion shall indicate the date on which the
movant seeks to have the motion heard. The hearing date selected shall allow time for
filing of the motion, allow for briefing in accordance with the Federal and Local Rules,
and shall permit all briefing to be filed no later than 12:00 noon the Friday before the
motion day on which it is to be heard. Available motion dates will be posted on the
Cou1t’s website at: http://www.ded.uscourts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (10) minutes to
argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent
to Chambers by-email at: [email protected].

Case 1:08-cv-00374-JJF Document 8 Filed 08/13/2008 Page 3 of 4
6. Amendment of the Pleadings. All motions to amend the pleadings shall be
tiled on or before October 17, 2008.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and tiled with an opening brief on or
before May 1, 2009. Brieiing shall be pursuant to D. Del. LR 7.1.2. No case dispositive
motion may be tiled more than ten (10) days from the above date without leave of the
Court. The parties shall follow the Court’s procedures for summary judgment motions
which is available on the Court’s website at: http://www.ded.uscourts.gov/JJFmain.htm
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled with the
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 June 30, 2007). Any non-dispositive motion shall contain the
statement required by D. Del. LR 7.1.1 and be made in accordance with the Court’s
February l, 2008 Order on Procedures for tiling non-dispositive motions in non-patent
cases (pro se cases excluded). Briefs shall be limited to no more than ten (10) pages.
Parties may tile 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.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of the
Court shall e-mail Chambers at: [email protected]. The e-mail shall provide a
short statement describing the emergency.

Case 1:08-cv-00374-JJF Document 8 Filed 08/13/2008 Page 4 of 4
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 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.
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DATE L D S A ISTRICT

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