Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00338-JJF Document 34 Filed 12/O4/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COLEMAN DUPONT HOMSEY and )
ELLEN HOMSEY, P ) V
Plaintiffs, J J
) C.A. No. 07-338JJF
v. l ) `
. .) ’
VIGILANT ]NSURANCE COMPANY, )
_ · _ i Defendant. l J
U RULE 16 SCHEDULING ORDER
n n The parties having satished their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosure. The parties will exchange by August 31, 2007 the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
‘ V2. J oinder of other Parties. All motions to join other parties shall be filed on or before _
October 31, 2007. ` I
3. _Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. lfthe _
parties agree that they would beneiit from a settlement conference, the parties shall contact
Magistrate Judge Thynge to schedule a settlement conference so as to be a completed no later _
than the Pretrial Conference or a date ordered by the Court. — · P
4. Discovery. _ V
(a) Exchange and completion of interrogatories, identification of all fact witnesses and
document production shall be commenced so as to be completed by March 31, 2008.
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Case 1 :07-cv-00338-JJF Document 34 Filed 12/O4/2007 Page 2 of 4
(b) Maximum of 25 interrogatives by each party to any other party.
(c) of 25 requests for admission by each party to any other party.
(d) Maximum of seven (7) depositions by plaintiff(s) and seven (7) by defendant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed. g
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due from the
plaintiff(s) by April 30, 2008; Hom tl1e defendant(s) by May 30, 2008.
. (f) Any party desiring to depose an expert witness shall notice and complete said e
deposition no later than thirty (30) days from receipt of said expert's report, unless otherwise
A agreed in writing by the parties. V .
` . 5. Discovery Disputes. · ‘ _
(a) A party seeking discovery which the opposing party refuses to provide shall Ele a
n motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil Procedure and Local Rule
37.l . Said motion shall not exceed a total of four (4) pages. An Answer to the Rule 37 motion,
not to exceed four (4) pages, shall be tiled within tive (5) days of service ofthe 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 partys position.
A (c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail at ` p
[email protected] that the parties have completed briefing. A
(d) Upon receipt of the n1ovant's e-mail, the Court will determine whether a conference
is necessary and advise the parties accordingly.
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Case 1 :07-cv-00338-JJF Document 34 Filed 12/O4/2007 Page 3 of 4
(e) There is no limit on the number of Rule 37 motions a party may file, unless otherwise
ordered by the Court. . A
6. Amendment of the Pleadings. All motions to amend the pleadings shall be tiled on
or before April 15, 2008. ' - ~ i
· 7. 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 June 30,
2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed
more than ten (10) days from the above date without leave of the Court.
8. Applications by Motion. i
(a) Any applications to the Court shall be by written motion tiled with the Clerk ofthe
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
January 1, 1995). Any non—dispositive motion shall contain the statement required by D. Del.
l LR 7.1.1. Parties may file stipulated and unopposed Orders with the Clerk of the Court for the
U 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 the assistance of the Court shall e-
mail Chambers at: jj [email protected]. The e—mail shall provide a short statement
describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties' Proposed Scheduling
Order, the Court will schedule a Pretrial 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 ofthe trial date is defetred 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. _
DATE TED AT S ISTRICT JUDG .
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