Free Order - District Court of Delaware - Delaware

Case 1:O4—cv—OO105-JJF Document 47 Filed O3/25/2008 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WALTER T. DECYK, III, L.P.N., :
Piaimarg 2
v. C.A. No. 04-105-JJF
GREEN ACRES HEALTH SYSTEMS, JURY TRIAL DEMANDED
INC. and GREEN VALLEY PAVILION, :
Defendants.
. RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
r IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by May 15, 2008 the
infomation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR l6. l.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before September 1, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter was previously
referred to Magistrate Judge Stark and a mediation conference was held on February 19, 2008 for
the purposes of exploring the possibility of a settlement. If the parties agree that they would
benefit from an additional mediation conference, the parties shall contact the Magistrate Judge to
schedule such conference so as to be completed no later than the Pretrial Conference or a date
ordered by the Court.
4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by August 1,
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2008.
(b) Maximum of interrogatories by each party to any other party: 50.
(c) Maximum of requests for admission by each party to any other party: 30.
(d) Maximum of 20 depositions by plaintiff(s) and 20 by defendant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed. All depositions of fact witnesses should be noticed in time to be completed by
September 30, 2008.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the party with the burden of proof on the issue the expert is offered by October 31, 2008.
(f) Any party desiring to depose an expert witness shall notice and complete
said deposition no later than thirty (30) days from receipt of said expert’s report, unless
otherwise agreed in writing by the parties.
5. Non-Case Dispositive Motions.
(a) Any non—case dispositive motion, along with an Opening Brief, shall be
filed with a Notice of Motion. The Notice of Motion shall indicate the date on which the movant
seeks to have the motion heard. The hearing date selected shall allow time for filing of the
motion, allow for briefing in accordance with the Federal and Local Rules, and shall permit all
briefing to be filed no later than 12:00 noon the Friday before the motion day on which it is to be
heard. Available motion dates will be posted on the Court’s website at:
http://www.ded.uscourts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (10) minutes to
argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent to
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Chambers by-email at: [email protected].
6. Amendment of the Pleadings. All motions to amend the pleadings shall be tiled
on or before June 1, 2008.
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 January
30, 2009. 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.
(a) Any applications to the Court shall be by written motion tiled with the
Clerk of the 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 June 30, 2007). Any nondispositive motion shall contain the statement required by D.
Del. LR 7. l .l and be made in accordance with the Cotu·t’s February l, 2008 Order on Procedures
for tiling non-dispositive motions in non-patent cases (pro se cases excluded). Briefs shall be
limited to no more than ten (10) pages. Parties may tile 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 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: [email protected]. The e-mail shall provide a short
statement describing the emergency.
9. Pretrial Conference and Trial. Alter reviewing the parties’ Proposed
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Scheduling Order, the Court will schedule a Pretrial Conference. The Court will determine
whether the trial date should be scheduled when the Scheduling Order is entered or at the Pretrial
Conference. If scheduling of the 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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