Free Proposed Pretrial Order - District Court of Delaware - Delaware

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1 Case 1:07-cv-00341-SLR Document 123 Filed 07/25/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT _ ` A
FOR THE DISTRICT OF DELAWARE
SPIRIT AIRLINES, INC., :
. Piaimurg Q
vs. CASE NO. 07-341 (SLR)
24/7 REAL MEDIA, INC., I
_ ADVERTISING.COM, INC., AMERICA :
ONLINE, INC. DBA AOL, BURST MEDIA :
CORPORATION, CARROLLTON BANK, : "
CHEAPFLIGHTS (USA), INC., ECHO TARGET, : ‘
» INC., HOTWIRE, INC., INTERCEPT : ·
INTERACTIVE, INC., PRICELINE.COM, LLC, :
RACKSPACE, LTD., SHERMANS TRAVEL, : .
INC., SIDESTEP, INC., SMARTER LIVING, : -
INC., SPECIFICMEDIA, INC., TRAVEL :
MARKETING GROUP, INC., TRAVELZOO, : E i
INC., TRIBAL FUSION, INC., TRIPADVISOR :
h - LLC, VALUECLICK, INC., and THE WEATHER : _
CHANNEL INTERACTIVE, INC., : A
Defendants. _
ORDER
At Wilmington this day of , 2007, the parties having
satisfied their obligations under Fed. R'. Civ. P. 26(i) 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).
x I IT IS ORDERED that: » ‘
1. Pre—Discovery Disclosures. The parties will exchange by August 15, 2007, the ~
infonnation required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2. _
2. Discovery.
F a. 4 Discovery will be needed on the following subj ects:
I - amount of the interpleader funds each defendant is entitled to;
1 ‘ — propriety of interpleader fund; ’
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I ( Case 1 :07-cv-00341-SLR Document 123 Filed 07/25/2007 Page 2 of 3 I ~
_ — amounts owed to advertisers;
» - validity and extent of security interest; , .
- — existence of contracts with and/or third-party beneficiary status of
advertisers; and
- related issues. V
I b. All fact discovery shall be commenced in time to be completed by February
15, 2008. _ `
~ c. Maximum of 25 interrogatories by each party to any other party.
d. Maximum of 30 requests for admission by each party to any other party.
e. Maximum of 15 depositions by plaintiff and 10 by each defendant.
I fl Each deposition limited to a maximum of 7 hours unless extended by
agreement of parties. ·
I g. Reports from retained experts under Rule 26(a) (2) on issues for which any - I
party has the burden of proof due by March 14, 2008. Rebuttal expert reports
I due by April 15, 2008. All expert discovery to be completed by May 9, 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
V · order. "
3. Joinder of other Parties, Amended of Pleadings, and Class Clarification. All
motions to join other parties, amend the pleadings, and certify a class action shall be filed on or
xr before February 15, 2008. l I ·
4. Settlement Conference. Pursuant to 28 U.S.C. § .636, this matter is referred to
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Magistrate Judge Stark for the purposes of exploring ADR
2 5. Summary Judgment Motions. All summary judgment motions shall be served and I
filed with opening brief on or before June 30, 2008. Briefing shall be pursuant to D. Del. LR ‘
I l 7.1.2. No summary judgment motion may be filed without stipulated facts or more than ten (10) i
days from the above date without leave of the court.
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Case 1:07-cv-00341-SLR Document 123 Filed 07/25/2007 Page 3 of 3
_ 6. Applications by Motion. Any application to the court shall be by written motion
filed with the clerk. Unless otherwise requested by 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 Q shall be filed on or before September ll,
2008. All responses to said motions shall be filed on or before September 18, 2008. A
I 8. Pretrial Conference. A pretrial conference will be held on September 25, 2008 at _
p —\ 4:30 p.m. in courtroom 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. h p
9. Trial. This matter is scheduled for a five (5) day bench trial commencing on October
6, 2008 in courtroom 6B, sixth floor, Federal Building, 844 King Street, Wilmington, Delaware. S
i 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.
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{ Case 1:07-cv—00341-SLR Document 123-2 Filed 07/25/2007 Page 1 of 1
. Kathleen P. Makowski
i Phone: (302) 421-6898
I Fax: (302) 421-5864
Attorneys at Law V [email protected]
A D°!°w°r° LLP www.sau1.c0m
· July 25, 2007
1 The Honorable Sue L. Robinson
United States District Court ` ‘
For the District of Delaware
844 North King Street, Room 4209
Wihnington, DE 19801 -
RE: Spirit Airlines, Inc. v. 24/7 Real Media, Inc., et al.
U.S.D.C., D. Del.; Civ. N0. 07-341 (SLR)
Judge Robinson: ·
_ i Pursuant to the scheduling conference held before your Honor on July 19, 2007, enclosed
‘ is the proposed fonn of Pre-trial Scheduling Order for the Court's consideration.
I am available at the Court's convenience for any questions.
Respectfully,
Wlv 4; / |.•i
Kathl en P. M wsk
KPM/
Enclosure
V cc: all counsel of record (W/encl) (via e-mail)
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i _ P.O. Box 1266 • Wilmington, DE 19899-1266 • Phone: (302) 421-6800 • Fax: (302) 421-6813 .
l Courier Address: 222 Delaware Avenue, Suite 1200 • Wilmington, DE 19801-1611

i 5500992 7/ZS/07 A DELAWARE LIMITED LIABILITY PARTNERSHIP
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