Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv—00358-GIVIS Document 3 Filed 09/05/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HOWARD L. MOON, JR., )
Plaintiff, )
)
v. )
) Civil Action No. 05-261 (GMS)
THE DELAWARE RIVER AND ) Civil Action No. 07-358 (GMS)
BAY AUTHORITY, )
Defendant. )
SCHEDULING ORDER
The Court hereby sets forth the following schedule in the above case. This Scheduling Order
will become effective as of August 31, 2007 and not be modified unless counsel contacts the court
within seven days from the date of this Order. These cases are consolidated for all purposes.
IT IS ORDERED that;
1. Rule 26(a) 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
September 15, 2007.
2. Discovery. All discovery in this case shall be initiated so that it will be completed on
or before Februag; 29, 2008.
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 forty-eight hours prior to the
teleconference, the parties shall file with the court, via electronic means (CM/ECF), a joint, non-
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argumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute. A sample
letter can be located on this court’s website at www.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.
3. Confidential Information and Papers filed under Seal. Should counsel find it will
be necessary to apply to the court 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 ofthe
papers.
If, after making a diligent effort, the parties are unable to agree on the contents of the
joint, proposed protective order, then they shall follow the dispute resolution process outlined
in paragraph 2(a).
4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to the
United States Magistrate for the purpose of exploring the possibility of a settlement. If the parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall contact
Magistrate Judge Thynge or Magistrate Judge Stark to schedule a settlement conference with counsel
and clients.
5. 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 April 15, 2008.
Briefing will be presented pursuant to the court’s Local Rules, unless the parties agree to an
alternative briefing schedule. Any such agreement shall be in writing and filed with the Court for
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the Court’s approval. Any request for extensions of time as set forth in this Scheduling Order must
be accompanied by an explanation or your request will be denied.
6. 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 electronic
means (CM/ECF). Unless otherwise requested by the Court, counsel shall g deliver copies of
papers or correspondence to Chambers. Any non-dispositive motion should contain the statement
required by Local Rule 7.l.l.
7. Oral Argument. If the Court believes that oral argument is necessary, the Comt will
schedule a hearing Pursuant to Local Rule 7.1.4.
8. Pretrial Conference. On September 15, 2008, beginning at 9:30 a.m., the Court will
hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the 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
court’s website at WWW.d€d.LlSCOLl1'fS.O= ov. Thirty (30) days before the Joint Proposed Pretrial Order
is due, plaintiff s counsel shall forward to defendant’s counsel a draft ofthe pretrial order containing
the information plaintiff proposes to include in the draft. Defendant’s counsel shall, in turn, provide
to plaintiffs counsel any comments on the plaintiffs draft as well as the information 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 limine shall be
completed by August 25, 2008. 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
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final pretrial order with the infomation required by the form of Final Pretrial Order which can be
located on this court’s website at www.ded.uscourts.gov on or before August 25, 2008.
9. Trial. This matter is scheduled for a 4-day jury trial beginning at 9:30 a.m. on
October 6, 2008.
10. Scheduling: The parties shall contact chambers, at (302) 573-6470, only in situations
where scheduling relief is sought and only then when ALL participating counsel is on the line for
purposes of selecting a new date.
M /7- dt? K)
Dated: August 31, 2007
UNITED STATES DISTRICT JUDGE
F I L E D
SEP — 5 2007
u.s. msrmcr counr
orsrmcr OF DELAWARE
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