Free Scheduling Order - District Court of Delaware - Delaware

Case 1:07-cv-00205-JJF Document 10 Filed 07/10/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAWN WILSON, )
)
Plaintiff, )
) C.A. No. 07-205 (JJF)
v. )
)
DELSTAR TECHNOLOGIES, INC, ) JURY TRIAL DEMANDED
)
Defendant. )
)
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(D,
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by July 31, 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 parties shall be filed
or or tm September *‘*· 2007 at i y ~ n Q}
3. Settlement Conference. Pursuan’i" iti l 28 .S.C. § 636, this matter is L `
referred to Magistrate re Thynge for the pu ses of exploring the possibility of a y
settlement. If the parties agree tha ould benefit from a settlement conference, the
parties shall contact Magistra udge Thynge to ule a settlement conference so as
_/
to be completed no Imam the Pretrial Conference or a date ordered by the Court.
i

Case 1:07-cv-00205-JJF Document 10 Filed 07/10/2007 Page 2 of 4
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
January 15, 2008.
(b) Maximum of 25 interrogatories by each party to any other party.
(c) Maximum of 50 requests for admission by each party to any other
party.
(d) Maximum of l0 depositions by plaintiff and I0 by defendant.
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c)
are completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from the plaintiff by December 3, 2007; from the defendant by January 15, 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.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party reiirses to
provide shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil I
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) pages.
An Answer to the Rule 37 motion, not to exceed four (4) pages, shall be filed within tive
(5) days of service of the motion No reply is pemritted.
(b) All papers shall set forth in a plain and concise manner the issue in
dispute, the party's position on the issue, and the reasons for the party‘s position
i

Case 1:07-cv-00205-JJF Document 10 Filed 07/10/2007 Page 3 of 4
(c) Upon receipt of the Answer, the movant shall notify Chambers by
e-mail at jjt`[email protected] that the parties have completed briefing.
(d) Upon receipt of the movant's email, the Court will detennine
whether a conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may
file, unless otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before September 14, 2007.
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 February 29, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case
dispositive motion may be tiled more than ten (10) days from the above date without
leave of the Court.
S. 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 June 30, 2007). Any non-dispositive motion shall contain 1
the statement required by D Del LR 7.1.1. Parties may file stipulated and unopposed i
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.

(c) No telephone calls shall be made to Chambers.
3 l
l

Case 1:07-cv-00205-JJF Document 10 Filed 07/10/2007 Page 4 of 4
(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. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference. The Coun 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.
U iii T ·¤¤; 2 r }~‘--=i ~. it
D;} E ;‘_ NIT Di U CTE ISTRICTJU E
804997
Li
il
l
in