Free Scheduling Order - District Court of Delaware - Delaware

nl
Case 1 :O7—cv—OO600-JJF Document 23 Filed 04/03/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DIANE SMITH, individually and as :
Guardian for A.K., S.K., and M.K., :
2 Civil Action No. 07-600 JJF
Plaintiffs, :
: TRIAL BY JURY DEMANDED
v. :
STATE OF DELAWARE, DEPARTMENT
OF SERVICES FOR CHILDREN, YOUTH & :
THEIR FAMILIES, KATHLEEN F INN, :
individually and in her official capacity; : A
HOME HEALTH SPECIALISTS; DORIS 2
ELLIOTT; AND LINDA BRASBURGER, :
Defendants.
RULE 16 SCHEDULIN G ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f`),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by April 15, 2008, the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16. l.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before May 15, 2008
3. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred
to Magistrate Judge 2 for the purposes of exploring the possibility ofa
settlement. Ifthe parties agree that they would benefit from a settlement
conference, the part shall contact the Magistrate Judge to schedule a settlement conference so
{Damsel 1.4)

nl
Case 1:O7—cv—OO600-JJF Document 23 Filed O4/O3/2008 Page 2 of 4
as to be completed no later than the Pretrial Conference or a date ordered by the Court.
4. Discovery.
ta) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by
September 15, 2008.
tb) Maximum of 40 interrogatories by each party to any other party.
te) Maximum of 20 requests for admission by each party to any other
PZIW-
tel) Maximum of l2 depositions by plaintiff(s) and l2 depositions by
defendants. Depositions shall not commence until the discovery requiried by Paragraph
4 (a, b and c) are completed. Depositions and all other discovery, other than expert
discovery, to be completed by January 30, 2009.
te) Reports from retained experts required by Fed. R. Civ. P. 26(a) (2) are
due Hom the party with the burden of proof on the issue the expert is offered by February 27,
2009.
tr) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than sixty (60) days from receipt of said expert’s report,
unless otherwise agreed in writing by the parties.
5. Non-Case Dispositive Motions.
ta) 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 tiling ofthe motion, allow for briefing in accordance with the Federal and Local Rules,
tosnossrml

l
Case 1 :O7—cv—OO600-JJF Document 23 Filed O4/O3/2008 Page 3 of 4
and shall permit all briefing to be tiled 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: hjr_t_1g://urvviv.ded.uscourts.gov/JJFmain.htm.
tb) At the motion hearing, each side will be allocated ten (10) minutes to
argue and respond to questions from the Court.
lc) Upon tiling of the Notice of Motion, a copy of said Notice shall be sent to
Chambers by—email at: jjf [email protected]
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before May 15, 2008.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and filed with an opening brief on or before May 15,
2009. All Answering briefs shall be filed within 30 days of the filing of the
Opening Brief, and all Reply Briefs shall be filed within 15 days of the filing of
the Answering Brief.
No case dispositive motion may be tiled more than ten (10) days from the above
date without leave of the Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed 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 nondispositive motion shall contain the statement
required by D. Del. LR 7.1.1 and be made in accordance with the Court's February 1, 2008
(DEl056ll.4}

"
Case 1:O7—cv—OO600-JJF Document 23 Filed O4/O3/2008 Page 4 of 4
Order on Procedures for tiling non-dispositive motions in non-patent cases (lgse 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 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.
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 ofthe 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.
Q _ Q
‘ ’ rx lx N
U.S. DIS RICT D JOSEPH FARNAN J .
DATE (Gd dr Q , 2008
inmosenay

Case 1:07-cv-00600-JJF

Document 23

Filed 04/03/2008

Page 1 of 4

Case 1:07-cv-00600-JJF

Document 23

Filed 04/03/2008

Page 2 of 4

Case 1:07-cv-00600-JJF

Document 23

Filed 04/03/2008

Page 3 of 4

Case 1:07-cv-00600-JJF

Document 23

Filed 04/03/2008

Page 4 of 4