Free Scheduling Order - District Court of Delaware - Delaware

Case 1:08-cv-00357-JJF Document 10 Filed 08/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE TORRENZANO GROUP, )
Plaintiff, g
I )
v' g C.A. No. 08-357 (JJF)
DORCHESTER CAPITAL MANAGEMENT )
COMPANY, )
Defendant. g
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under F ed. R. Civ. P. 26(f),
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by August 29,
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 November 15, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge Stark for the purposes of exploring the possibility of a settlement. If
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. V
4. Discovery.
(a) Exchange and completion of interrogatories, identification of fact
witnesses and document production shall be commenced so as to be completed by December 1,
2008. Fact discovery shall be completed by January 7, 2009.

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(b) Maximum of 15 interrogatories, including contention
interrogatories, for each side.
(c) Maximum of 15 requests for admission by each side.
(d) Maximum of 5 depositions by each side, excluding expert
depositions. With respect to depositions taken pursuant to a Rule 30(b)(6) request, each
seven (7) hours of deposition testimony will constitute one deposition, regardless of the number
of witnesses produced. Depositions shall not commence until the discovery required by
Paragraph 4(a, b and c) is completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
on issues on which the party bears the burden of proof are due by January 21, 2009; responding
and rebuttal reports are due February 4, 2009.
(i) 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. N0n—Case Dispositivc Motions.
(a) Any non-case dispositive motion, along with an Opening Brief}
shall be tiled 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 Court’s website at:
http://www.ded.uscourts.gov/JJFmain.ht1n.
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(b) At the motion hearing, each side will be allocated ten (10) minutes
to argue and respond to questions from the Court.
(c) Upon Bling of the Notice of Motion, a copy of said Notice shall be
sent to Chambers by email at: [email protected]. gov.
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be Bled on or before November 15, 2008.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and Bled with an opening brief on or before
March 11, 2009. BrieBng shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion
may be Bled 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 Bled 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 Bling non-dispositive motions in non-patent cases (pro g cases
excluded). Briefs shall be limited to no more than ten (10) pages. Parties may Ble 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.
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(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.
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. lf 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.
DATED ( 5 200`{ l ¤,.,.,,...
ED S A DISTRICT DGE
2437858
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