Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00226-JJF Document 17 Filed 08/O3/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
VOIT H PAPER GMBH & CO. KG, )
a Company organized and )
existing under the laws of Germany. )
)
Plaintiff, )
) C.A. No. 07-0226-JJF
v. )
)
.lOI—lNSONFOlILS, [NC. )
a Delaware Corporation, )
)
Defendant. )
RULE 16th] SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(D, and as
discussed at the scheduling conference on August l, 2007,
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by September 21,
2007, the information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other panics shall be
tiled on or before December 21, 2007.
3. Discovery.
(a) Exchange and completion of contention interrogatories,
identification of fact witnesses and document production shall be cornmencecl so as to be
completed by February 15, 2008.
(b) Maximum of 25 interrogatories, including contention
interrogatories, for each side.
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Case 1 :07-cv-00226-JJF Document 17 Filed 08/O3/2007 Page 2 of 4
(c) Maximum of 50 requests for admission by each side.
(d) Maximum of 10 depositions by plaintiff and 10 by defendant,
excluding expert depositions. Depositions shall not commence until the discovery
required by Paragraph 3 (:1, b and c) is completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(tr) (2)
shall be served from the party with the burden of proof on May 21 , 2008, rebuttal expert
reports shall be served on June 18,2008.
(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 expert's report,
unless otherwise agreed in writing by the parties or ordered by the Court.
(g) Fact discovery shall close on April 30, 2008.
(h) Expert discovery shall close on July 18, 2008.
4. 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 date selected shall be within 30
days of the filing of the motion and allow or briefing in accordance with the Federal and
Local Rules. Available motion dates will be posted on the Court`s website at:
www.ded.uscouns.gov.
(b) At the motion hearing, each side will he allocated twenty (20)
minutes to argue and respond to questions from the Court.
(c) Upon tiling of the Notice of Motion, a copy of said Notice shall be
sent to Chambers by-email at: jif [email protected]
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Case 1 :07-cv-00226-JJF Document 17 Filed 08/O3/2007 Page 3 of 4
5. Amendment of the Pleadings. All motions to amend the pleadings
shall he filed on or before December 21, 2007.
6. 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 August 20, 2008. 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. The Court will issue a separate Order regarding procedures for filing
summary judgment motions.
7. Markman. A Marlcman Hearing will be held on January 30, 2008, at
10:00 a.m. Briefing on the claim construction issues shall be completed at least ten (IO)
business days prior to the hearing. The Court, after reviewing the briefing, will allocate
time to the parties on the hearing date.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed 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 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 I5, 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 form other than a motion.
(b) No facsimile transmissions will be accepted.
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Case 1:07-cv-00226-JJF Document 17 Filed 08/O3/2007 Page 4 of 4
(c} No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of
the Coun shall e~mail Chambers at: [`if [email protected]. The e-mail shall provide
a short statement describing the emergency.
9. Pretrial Conference and Trial. A Pretrial Conference will be held on
October 16, 2008 at 12:00 p.m. Trial shall commence on November 5, 2008.
Aut. ‘ M 2 ‘· .. 4 . :__ J T--? - `2
Date 0 UN I STA S iv TRICT JUDGL
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