Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv—00384-SLB Document 9 Filed 08/27/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANNY M. SKINNER, )
)
Plaintiff, ) C.A. N0. 07-384 SLR
)
v. )
)
E. I. DU PONT DE NEMOURS AND )
COMPANY, a Delaware corporation; )
E. I. DU PONT DE NEMOURS AND )
COMPANY, Plan Administrator; )
PENSION AND RETIREMENT PLAN; )
TOTAL AND PERMANENT DISABILITY )
INCOME PLAN; and SHORT TERM )
DISABILITY PLAN, )
)
Defendants. )
SCHEDULING ORDER
At Wilmington this <>n`***day of August, 2007, the parties having satisfied their
obligations under Fed. R. Civ. P. 26(f), and the Court having conducted a pretrial
scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects, based on facts
and circumstances developed during discovery:
(i) Plaintiffs Statement.
(A) Plaintiff will require discovery as to profits obtained during
the time DuPont held pension benefits and any total and
permanent Disability Income benefits from t.he date of award
to Plaintiff Skinner (March, 1989) to date of award, plus profit
disgorgement beyond the date of voluntary award of said
benefits, approximately March, 2001. These items are

_ Case 1:07-cv—00384-SLR Document 9 Filed 08/27/2007 Page 2 of 4
partially obtainable via Skretvedt v. DuPont and discovery
held in that case. Also needed are exact dates of payments of
Pension and T&P Payments and the amounts thereof.
(ii) Defendants’ Statement.
(A) Facts and circumstances establishing that Plaintiff is not
entitled to interest on the delayed ayment of benefits under DuPont’s Pension and
P
Retirement Plan or Total and Permanent Disability Income Plan, which were voluntarily
paid to Plaintiff by DuPont;
(B) Facts and circumstances establishing that Plaintiff received
all the benefits to which he was entitled under the DuPont Short Term Disability Plan;
(C) Facts and circumstances surrounding the allegations in the
Complaint, Answer, and Affinnative Defenses, filed in this action; and
(D) All subjects listed in Plaintiffs Statement above.
(b) All discovery shall be commenced in time to be completed by
December 28, 2007.
(c) Maximum of twenty-iive (25) interrogatories by each party to any
other party.
(d) Maximum of twenty-five (25) requests for admission by each
party to any other party.
(e) Maximum of three (3) depositions by Plaintiff and three (3) by
Defendant.

Case 1:07-cv—00384-SLR Document 9 Filed 08/27/2007 Page 3 of 4
(t) Each deposition, other than Plaintiff’ s deposition, limited to a
maximum of seven (7) hours unless extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by January 31, 2008. Rebuttal expert
reports due by February 29, 2008.
(h) Discovery Disputes. Any discovery dispute shall be submitted to
the Court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is
limited to two (2) Rule 37 motions. The Court shall make itself available, however, to
resolve through a telephone conference, disputes that arise during the course of a
deposition and disputes related to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motion to join other parties, amend the pleadings, and certify a class
action shall be filed on or before October 12, 2007.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to a Magistrate Judge for the purposes of exploring the possibility of alternative
dispute resolution (ADR).
5. Summary Judgment Motions. All summary judgment motions shall be
served and filed with an opening brief on or before April 30, 2008. Briefing shall be
pursuant to D. Del. LR 7.1.2. No summary judgment motion may be filed more than ten
(10) days from the above date without leave of the Court.

Case 1:07-cv—00384-SLR Document 9 Filed 08/27/2007 Page 4 of 4
6. Applications by Motion. Any application to the Court shall be by written
motion tiled with the clerk. Unless otherwise requested by the Court, counsel shall not
deliver copies of papers or correspondence to Chambers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions in limine shall be tiled on or before
August 5, 2008. All responses to said motions shall be tiled on or before August 12,
2008.
8. Pretrial Conference. A pretrial conference will be held on August 19,
2008 at 4:30 p.m. in Courtroom No. 6B, Sixth Floor Federal Building, 844 King Street,
Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall
govern the pretrial conference.
9. Trial. This matter is scheduled for a four-day jury trial commencing on
September 2, 2008 in Courtroom 6B, Sixth Floor Federal Building, 844 King Street,
Wilmington, Delaware. For purposes of completing pretrial preparations, the parties
should plan on being allocated a total number of hours in which to present their
respective cases.
United States lgtrict Judge
810099