Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-00286-JJF Document 31 Filed 10/01 /2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IOVATE HEALTH SCIENCES USA., )
INC., et al., )
Piaintiffs, g
v. I C.A. No. 07-286—JJF
WELLNX LIFE SCIENCES INC. (d/b/a 3
NV INC.), et al., )
Defendants. I
SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(D,
IT IS ORDERED that:
I. Pre~Discovery Disclosures. The parties will exchange the information required
by Fed. R. Civ. P. 26(a)( l) and D. Del. LR 16.2 by September 21, 2007.
2. Joinder ofthe Parties. All motions to join other parties shall be fiied on or
before November 16, 2007.
3. Discovery.
(a) Exchange and completion of contention interrogatories, identification of
fact witnesses and document production shall be commenced so as to be conipieted by May 23,
2008. Atl fact discovery shall be completed by iuly 25, 2008.
(in) Maximum of twenty—iive (25) interrogatories, including contention
interrogatories, for each side.
(c) Maximum of twentyofive (25) requests for admission by each side.

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(d) Maximum of ten (t0) depositions by plaintiffs and ten (l0) 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 Mczrkmmz ruling.
Responsive expert reports are due thirty (30) days after the opening reports.
(t) Any party desiring to depose an expert witness shall notice and complete
said deposition no later than thirty (30) days from receipt of said experts report, unless
otherwise agreed in writing bythe 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 inovant
seeks to have the motion heard. The date selected shall be within thirty (30) days of the tiling 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.uscou1ts.gov.
(b) At the motion hearing, each side will be allocated twenty (20) minutes to
argue and respond to questions from the Court.
i (c) Upon tiling of the Notice of Motion, a copy of said Notice shall be sent to
Chamlzaers by email at: j [email protected]. gov.
5. Amendment ofthe Pleadings. All motions to amend the pleadings shall be filed
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 tiled with an opening brief thirty days after the close of expert

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discovery. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be
tiled more than ten (10) days hem the above date without leave of the Court. The Court will
issue a separate Order regarding procedures for filing summary judgment motions.
7. Marltman. A Mczrkmcm Hearing will be held on September 30, 2008, at l:00
PM. Opening Mar/mztzn briefs shall be served and tiled thirty (30) days prior to the hearing date.
Responsive Mm·/mma briefs shall be served and tiled 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 1,
i995). Any non—dispositive motion shall contain the statement required by D. Del. LR 7. l .l and
be made in accordance with the Courtis December 15, 2006 Order on Procedures for Filing Non—
dispositive motions in Patent Cases. Parties may file stipulated and unopposed Orders with the
Clerk of the Court for the Court’s review and signing. The Court will not consider applications
and requests submitted by letter or in a fonn 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 of the
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.
UNITED STATES DISTRICT JUDGE