Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00286-JJF Document 32 Filed 10/O2/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
IOVATE HEALTH SCIENCES U.S.A., )
INC., et nl., )
Plaintiffs, i
v. I C.A. No. 07-286-JJF
WELLNX LIFE SCIENCES INC. (d/b/a I
NV INC.), et al., )
Defendants. I
SCHEDULING ORDER
The panties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
I. Pre-Discovery Disclosures. The patties will exchange the information required
by Fed. R. Civ. P. 26(a)( I) and D. Del. LR 16.2 by September 2I, 2007.
2. Joinder ofthe Parties. All motions to join other parties shall be filed on or
before November I6, 2007.
3. Discovery.
(a) Exchange and completion of contention interrogatories, identification of
fact witnesses and document production shall be commenced so as to be completed by May 23,
2008. All fact discovery shall be completed by July 25, 2008.
(b) Maximum of twenty-tive (25) interrogatories, including contention
interrogatories, for each side.
(c) Maximum oftwenty—tive (25) requests for admission by each side.

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(d) Maximum often (l0) depositions by plaintiffs and ten (10) depositions by
defendants, excluding expert depositions. Depositions shall not commence until the discovery
required by Paragraph 3(a, b and c) is completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the party carrying the burden of proof on an issue thirty (30) days after the Mcwloiimz ruling.
Responsive expert reports are due thirty (30) days after the opening reports.
(f) Any party desiring to depose an expert witness shall notice and complete
said deposition no later titan thirty (30) days tiom receipt of said expert’s report, unless
otherwise agreed in writing by the parties or ordered by the Court.
4. Non-Case Dispositive Motions
(a) Any non-case dispositive motion, along with an Opening Brief, shall be
tiled with a Notice of Motion. The Notice of Motion shall indicate the date on which the movant
seeks to have the motion heard. The date selected shall be within thirty (30) days of the filing of
the motion and allow for briefing in accordance with the Federal and Local Rules. Available
motion dates will be posted on the Court’s website at www.ded.uscouits.gov.
(b) At the motion hearing, each side will be allocated twenty (20) minutes to
argue and respond to questions from the Court.
(c) Upon fi iii of the Notice of Motion, a copy of said Notice shall be sent to
Chambers by email at: j [email protected]. gov.
5. Amendment ofthe Pleadings. All motions to amend the pleadings shall be tiled
on or before January ll, 2008.
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the Fed.
R. Civ. P., shall be served and filed with an opening briefthirty days after the close of expert

Case 1:07-cv-00286-JJF Document 32 Filed 10/O2/2007 Page 3 of 4
discovery. 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 ofthe Court. The Court will
issue a separate Order regarding procedures for filing summary judgment motions.
7. Marltman. A rl»Iw·inrmri Hearing will be held on September 30, 2008, at 1:00
PM. Opening Mcwlmicrn briefs shall be served and tiled thirty (30) days prior to the hearing date.
Responsive Mmkmmr briefs shall be served and filed fourteen (14) days prior to the hearing date.
The Court, after reviewing the briefing, will allocate time to the parties for the hearing.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed 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 of Delaware (Amended Effective January l,
1995). Any non-dispositive motion shall contain the statement required by D. Del. LR 7.1.1 and
be made in accordance with the Court‘s December 15, 2006 Order on Procedures for Filing Nen-
dispositive motions in Patent Cases. Parties may file stipulated and unopposed Orders with the
Clerk ofthe Court for the 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 transmission will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance ofthe
Court shall email Chambers at: [email protected]. The email 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 deferred 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 of the Pretrial Conference.
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