Free Scheduling Order - District Court of Delaware - Delaware

_ _ _ Case 1 :07-cv-00566-JJF Document 20 Filed 12/18/2007 Page 1 of 4
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IN TI-IE UNITED STATES DISTRICT COURT
FOR TI-IE STATE OF DELAWARE
BARBARA CLEVENGER and ) C.A. No. 07-566
PAUL CLEVENGER, )
I
Plaintiffs, )
) NON-ARBITRATION CASE
. I
v. )
I
SUSAN M. DONNELLY, M.D., ) TRIAL BY JURY OF
LABORATORY CORPORATION OP )
AMERICA, a.k.a. LABCORP and )
LABCORP DELAWARE, INC., ) TWELVE DEMANDED
I
I
Defendants. }
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RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (I),
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by December 314, 2007
the information required by Fed. R. Civ. P. 26 (a) (1) and D. Del, LR 16.2.
2. Joinder of other Parties. All motions to join other panties shall be tiled on or _
before April I, 2008 .
3. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be
completed by September I, 2003.
(b) Maximum of Q interrogatories by each party to any other party. I
(c) Maximum of QQ requests for admission by each party to any other party.

Case 1:07-cv-00566-JJF Document 20 Filed 12/18/2007 Page 2 of 4
(d) Maximum of LQ depositions by plaintiff (s) and iQ by each defendant.
Depositions shall not commence until the discovery required by Paragraph
4 (a, b and c) are completed. q
(e) Reports from retained experts required by Fed. R. Civ. P. 26 (a) (2) are
due from the plaintiff (s) by May 1, 2008 ; from the defendant-(s) by
August l, 2008 .
(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.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide
shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of
Civil Procedure and Local Rule 37.1. Said motion shall not exceedla total
of four (4) pages. An Answer to the Rule 37 motion, not to exceed four
(4) pages, shall be filed within five (5) days of service of the motion. No
reply is permitted.
(b) All papers shall set forth in a plain and concise manner the issue (s) in
dispute, the party’s position on the issue (s), and the reasons for the party’s
position. _
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at j [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may tile,
unless otherwise ordered by the Court. A

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5. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before April l, 2008. q
6. 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 October l, 2008. Briefing 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.
7. 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 or Civil
Procedure and the Local Rules of Civil Practice for the United States
District Court for the District of Delaware (Amended Effective January 1,
1995). Any non—dispositive motion shall contain the statement required
by D. Del LR 7.1.1. 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 assistance of the Court
shall e-mail Chambers at: [email protected]. The e-mail shall
provide a short statement describing the emergency.
8. Pretrial Conference and Trial. Ader reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pre-Trial Conference.

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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 atrial to be held within sixty (60) to ninety (90) days of
the Pretrial Conference. 1
oars * UNYIFD S”l’·%T`E&lSTRIC"l` Judge ) _

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