Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv—00366-G|\/IS Document 19 Filed 04/15/2008 Page 1 of 4 ~
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
A I ILL CONNOR, §
‘ §
Plaintiff § C.A. Number: 07-366 GMS
· §
v. §
§ t
§
· NEW C ASTLE COUNTY, GUY H. SAPP, § Trial by Jury Demanded
individually and in his official capacity, and §
CHARLOTTE L. CROWELL, individually and in §
her official capacity, §
§
U Defendants. §
SCHEDULING ORDER
This day of April, 2008, the Court having conducted a Rule I6 Scheduling
Conference pursuant to Local Rule l6.2(b) on April I4, 2008, and the parties have determined
after discussion that the matter cannot be resolved at this juncture by settlement, voluntary
mediation or binding arbitration; A I
IT IS ORDERED that:
l. Rule 26ga) Initial Disclosures: Unless otherwise agreed to by the parties, they
shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or
before May 23, 2008.
2. Juinder of other Parties and Amendments of Pleadings: All motions to join
other parties and amend the pleadings shall be filed on or before I une I6, 2008.
3. Discovery: All discovery in this case shall be initiated so that it will be
completed on or before October l7, 2008.
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a. Discovery and Scheduling Matters:) Should counsel find they are unable to
resolve a discovery or scheduling matter, the party seeking the relief shall contact Chambers at
(302) 573-6470 to schedule a telephone conference. Not less than fo1ty—eight hours prior to the
teleconference, the parties shall file with the Court, via electronic means (CM/ECF) a joint, non-
argumentative letter agenda not to exceed two (2) pages outlining the issues in dispute. A
sample letter can be located on this Court’s website at vw/w.ded.uscourts.gov. After the parties
have had three (3) discovery teleconferences, they will be required to file a joint letter showing
good cause why the Court should permit a fourth discovery teleconference. Should the Court
find further briefing necessary upon conclusion of the telephone conferences, unless otherwise .
directed, the party seeking relief shall file with the Court a TWO PAGE LETTER, exclusive of
exhibits, describing the issues in contention. The responding party shall file within five (5) days
from the date of service of the opening letter an answering letter of no more than TWO PAGES.
The party seeking relief may then file a reply letter of no more than TWO PAGES within three
(3) days from the date of service of the answering letter.
4. Confidential Information and Papers filed under Seal: Should counsel find it
will be necessary to apply to the Couit for a protective order specifying terms and conditions for
` the disclosure of confidential information, they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the Court within ten (10) days from the date of this
order. When filing papers under seal, counsel should deliver to the Clerk an original and two
copies of the papers.
i If, after making a diligent effort, the parties are unable to agree on that on the
contents of the joint, proposed protective order, then they shall follow the dispute
resolution process outlined in paragraph 3(a).
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5. Settlement Conference: Pursuant to 28 US. C. §636, this matter is referred to the h
United States Magistrate for the purpose of exploring the possibility of settlement. lfthe parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall contact
Magistrate Judge Thyrrge to schedule a settlement conference with counsel and clients. This
matter is referred to Magistrate Thynge.
6. Case Dispositive Motions: All case dispositive motions and an opening brief and
affidavits, if any, in support of the motion shall be served and filed on or before October 31,
2008. Briefing will be presented pursuant to the Court’s Local Rules, with the following
exception with regard to page limits: unless otherwise approved by the court, no opening or
answering brief shall exceed 20 pages, and that no reply brief shall exceed 10 pages, in each
instance exclusive of any table of contents or table of citations. The parties may agree to an
altemative briefing scheduling. Any such agreement shall bein writing and filed with the Court
for the Couit’s approval. Airy request for extensions of the time as set forth in this Scheduling
Order must be accompanied by an explanation or your request will be denied.
7. Applications by Motion: Except as provided in this Scheduling Order or for
matters relating to scheduling, any application to the Court shall be by written motion filed, via
i electronic means (CM/ECF). Unless otherwise requested by the Court, counsel shall ppt deliver
copies of papers or correspondence to Chambers. Any non—dispositive motion should contain the
statement required by Local Rule 7.1.1.
8. Oral Argument: lf the Court believes that oral argument is necessary, the Court
will schedule a hearing pursuant to Local Rule 7.1.4.
Y ` 9. Pretrial Conference: On February 2, 2009, beginning at 10:00 a.m., the Court
will hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the
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Case 1 :07-cv—00366-GIVIS Document 19 Filed 04/15/2008 Page 4 of 4
Court, the parties should assume that filing the Joint Pretrial Order satisfies the pretrial
disclosure requirement in Federal Rule of Civil Procedure 26(a)(3). A sample form of Pretrial
Order can be located on this Cou1t’s website at www.ded.uscourts.gov. Thirty (30) days before
the Joint Proposed Pretrial Order is due, plairrtiff s counsel shall forward to defendant’s counsel
‘ a draft of the pretrial order containing the information plaintiff proposes to include in the draft.
Defendant’s counsel shall, in tum, provide to plaintiff’ s counsel any comments on the plaintiffs
draft as well as the irrfonnatiorr defendant proposes to include in the proposed pretrial order.
Motions in limine: No party shall file more than five (5) motions in limine. Briefs (opening,
answering and reply) on all motions in Zimine shall be filed by January 12, 2009. Opening and
answering briefs shall not exceed five (5) pages and reply briefs shall not exceed three (3) pages.
The parties shall file with the Court the joint proposed final pretrial order with the information
required by the form of Final Pretrial Order which can be located on this Court’s website at
www.ded.rrscourts.gov on or before January 12, 2009.
10. Trial: This matter is scheduled for a four (4) day jury trial beginning at 9:00 a.m. on
February 23, 2009.
ll. Scheduling: The parties shall contact Clrarnbers, at (302) 573-6470, only in
situations where scheduling relief is sought and only their when ALL participating counsel are on
the line for purposes of selecting a new date.

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