Free Scheduling Order - District Court of Delaware - Delaware

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Case 1 :O7—cv—OO418-JJF Document 14 Filed O4/O3/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HENRY G. CARTER, an individual, )
Plaintiff, g
v. g C.A. NO. 07-418 (JIF)
INDEPENDENT PRODUCTIONS, INC., g
a Pennsylvania corporation, and )
GEORGE THOROGOOD & THE )
DESTROYERS, INC., a Pennsylvania )
coiporation, V )
Defendants. g
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1 1. Pre-Discovery Disclosures. The parties will exchange by June 30, 2008
the information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.1.
2. Joinder of other Parties. All motions to join other parties shall be tiled
on or before July 30, 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
December 30, 2008.
(b) Maximum of 15 interrogatories by each party to any other party.
(c) No limit on requests for admission by each party to any other
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Case 1 :O7—cv—OO418-JJF Document 14 Filed 04/03/2008 Page 2 of 4
(d) Maximum of 10 depositions by plaintiff and l0 by defendants.
(e) Fact discovery shall be concluded by March 30, 2009.
(f) 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 April 14,
2009.
(g) 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. 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 1notion 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.uscoiuts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (10) minutes
to argue and respond to questions from the Couit.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be
sent to Chambers by-email at: j j f_CiVil@d€d.USCOLl1TS. gov
5. Amendment of the Pleadings. All motions to amend the pleadings shall
be tiled on or before August 29, 2008.
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Case 1 :O7—cv—OO418-JJF Document 14 Filed O4/O3/2008 Page 3 of 4
6. 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
April 30, 2009. Briefing shall be pursuant to D. Del. LR 7.l .2. No case dispositive motion may
be tiled more than ten (l0) 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 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. l ._l and be made in accordance with the Cou1t's February l, 2008 Order
on Procedures for tiling non-dispositive motions in non—patent cases (g gg cases excluded).
Briefs shall be limited to no more than ten (10) pages. Paities may tile stipulated and unopposed
Orders with the Clerk of the Coutt for the Cou1t'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 ot`
the Cotut shall e-mail Chambers at: [email protected]. The e—mail shall provide a short
statement describing the emergency.
8. Pretrial Conference and Trial. After reviewing the parties' Proposed
Scheduling Order, the Couit 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
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Case 1 :07—cv—00418-JJF Document 14 Filed 04/03/2008 Page 4 of 4
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 ofthe Pretrial Conference.
T 2 A me K;]
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