Free Scheduling Order - District Court of Delaware - Delaware


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Date: October 10, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv—00172-SLR Document 15 Filed 10/10/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JANET PORTER, etal., )
Plaintiff, 3
) C.A. No. 07-172-SLR
v. )
) Jury Trial Requested
STANLEY TAYLOR, et al., )
Defendants. I
STAT S’ P ED SCHEDULING ORDER
In accordance with Federal Rule of Civil Procedure 26(D and the Court’s order
dated September 18, 2007 (D.I. 13), counsel for State Defendants Stanley Taylor,
Raphael Williams and the State of Delaware Department of Correction (the "State
Defendants"), having unsuccessfully attempted to contact Plaintiffs’ counsel by phone
and e-mail to discuss the scheduling order in this matter, hereby submit this proposed
scheduling order on behalf of the State Defendants.
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by October 17,
2007 the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects: the medical
condition and treatment of P1aintiffs’ decedent as well as the activities of the decedent
prior to his death.
(b) All discovery shall be commenced in time to be completed by
February 11, 2008.

Case 1:07-cv—00172-SLR Document 15 Filed 10/10/2007 Page 2 of 3
(c) Maximum of 50 interrogatories by each party to any other party.
(d) Maximum of 50 requests for admission by each party to any other
party.
(e) Maximum of 10 depositions by Plaintiffs and 10 by State
Defendants.
(f) Each deposition limited to a maximum of 7 hours unless extended
by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by April 11, 2008. Rebuttal expert reports
due by May 12,2008.
(h) Discovery Disputes. Any discovery dispute shall be submitted to
the court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is
limited to two (2) Rule 37 motions. The court shall make itself available, however, to
resolve through a telephone conference, disputes that arise during the course of a
deposition and disputes related to entry of a protective order.
3. Joinder of` other Parties, Amendment of Pleadings, and Class
Certification. All motions to join other parties, amend the pleadings, and certify a class
action shall be filed on or before November 13, 2007.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred tg/Iagistrate Judge Tljg·s@e for the purposes of exploring the possibility of a
settlement.
5. Summary Judgment Motions. All summary judgment motions shall be
served and filed with an opening brief on or before August 1, 2008. Briefing shall be
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Case 1:07-cv—00172-SLR Document 15 Filed 10/10/2007 Page 3 of 3
pursuant to D. Del. LR 7.1.2. No summary judgment motion may be tiled more than ten
(10) days from the above date without leave of the court.
6. Applications by Motion. Any application to the court shall be by written
motion tiled with the clerk. Unless otherwise requested by the court, counsel shall not
deliver copies of papers or correspondence to chambers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions Q @g shall be filed on before [two
week before pretrial conference]. All responses to said motions all be tiled on or
before [one eek before pretrial conference].
8. Pre ial Conference. A pretrial nference will be held on
at in Courtroom o. 6B, Sixth Floor Federal Building,
844 King Street, Wilmington, elaware. T Federal Rules of Civil Procedure and D.
Del. LR 16.4 shall govern the pretria nference.
9. Trial. This matt is sche led for a _ day jury trial commencing on
in Courtroom 6B, `xth Floor Federal Building, 844 King
Street, Wilmington elaware. For purposes of co leting pretrial preparations, the
parties should lan on being allocated a total number of ho in which to present their
respecti cases.
QL, gf %&! E { io[1o}¤1
The Honorable ue L. Robinson
United States District Court Judge
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