Free Proposed Pretrial Order - District Court of Delaware - Delaware

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Case 1:07-cv-00341-SLR Document 117 Filed 07/18/2007 Page 1 of 3
( ` IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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i SPIRIT AIRLINES, INC., 2
Piamurg Q (
. vs. CASE NO. 07-341 (SLR) I
I _ 24/7 REAL MEDIA, INC., l _
ADVERTISING.COM, INC., AMERICA :
ONLINE, INC. DBA AOL, BURST MEDIA :
. CORPORATION, CARROLLTON BANK, 2
I CHEAPFLIGHTS (USA), INC., ECHO TARGET, :
INC., HOTWIRE, INC., INTERCEPT 1 2 .
INTERACTIVE, INC., PRICELINECOM, LLC, :
RACKSPACE, LTD., SHERMAN S TRAVEL, :
, INC., SIDESTEP, INC., SMARTER LIVING, _ 2
1 INC., SPECIFICMEDIA, INC., TRAVEL :
1 MARKETING GROUP, INC., TRAVELZOO, : (
INC., TRIBAL FUSION, INC., TRIPADVISOR :
LLC, VALUECLICK, INC., and THE WEATHER : A
I CHANNEL INTERACTIVE, INC., 2 I
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).
IT IS ORDERED that: F
1. Pre-Discovery Disclosures. The paities will exchange by August 15, 2007, the
information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2. I
2. Discovery.
. a. Discovery will be needed on the following subjects:
- amount of the interpleader funds each defendant is entitled to;
— propriety of interpleader fund;
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j Case 1 :07-cv-00341-SLR Document 117 Filed 07/18/2007 Page 2 of 3
— amounts owed to advertisers;
i - validity and extent of security interest;
{ - existence of contracts with and/or third-party beneficiary status of
advertisers; and
1 — related issues.
i b. All fact discovery shall be commenced in time to be completed by February
15, 2008.
l c. Maximum of 25 interrogatories by each party to any other party.
i d. Maximum of 30 requests for admission by each party to any other party.
i e. Maximtun of 15 depositions by plaintiff and 10 by each defendant.
i f Each deposition limited to a maximum of 7 hours unless extended by
- agreement of parties. ‘ _
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
l 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
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
before February 15, 2008.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring ADR.
5. Summary Judgment Motions. All summary judgment motions 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 summary judgment motionmay be filed more than ten (10) days from the above date
without leave of the court.
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p iu ’ Case 1 :07-cv-00341-SLR Document 117 Filed 07/18/2007 Page 3 of 3
S 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
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statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions Q img shall be filed on or before
. All responses to said motions shall be filed on or before .
8. Pretrial Conference. IA pretrial conference will be held on . at
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. K
9. Trial. This matter is scheduled for a five (5) day bench trial commencing on
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.

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Case 1:07-cv-00341-SLR Document 117-2 Filed 07/18/2007 Page 1 of 1
` Kathleen P. Makowski
, Phone: (302) 421-6898
Fax; (302) 421-5864
. Attorneys at Law [email protected]
` A °°'“"°'° LLP www.saul.com
il . .
l
i l i July 18, 2007
l
l
By Hand Delivery _
The Honorable Sue L. Robinson -
United States District Court _
For the District of Delaware
844 North King Street, Room 4209
Wilmington, DE 19801 ‘
RE: Spirit Airlines, Inc. v. 24/7 Real Media, Inc., et al.
U.S.D.C., D. Del.; Civ. N0. 07-341 gSLR[
Judge Robinson:
Pursuant to paragraph of the Order For Scheduling Conference (the "Scheduling .
Conference Order") issued by your Honor dated June 20, 2007, enclosed is a proposed form of
scheduling order in this matter (the "Draft Order"). Pursuant to paragraph 1 of the Scheduling
Conference Order, the parties areprepared _to discuss the Draft Order with your Honor via
teleconference scheduled for tomorrow, Thursday, July 19, 2007 at 8:30 a.m. This office shall
_ contact chambers once all parties are on-the line. I,
I am available at the Court's convenience for any questions.
Respectful _. rw, V
I
I ath een P. M kowskil//·~ ·"”’""`
KPM/
Enclosure
cc: all counsel (w/encl) (via e-mail)
P.O. Box 1266 • Wilmington, DE 19899-12664 Phone: (302) 421-6800 • Fax: (302) 421-6813
Courier Address: 222 Delaware Avenue, Suite 1200 • Wilmington, DE 1980.1-1611

550099.1 7/lg/07 A DELAWARE LIMITED LIABILITY PARTNERSHIP