Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv-00147-SLR

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Filed 11/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : CORRECTIONAL MEDICAL SERVICES : (CMS), et al., : : Defendants. : ANTHONY PORTERFIELD, C.A. No.: 07-147-SLR JURY TRIAL DEMANDED

PROPOSED SCHEDULING ORDER At Wilmington this __________ day of _______________2007, the parties having satisfied their obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b). IT IS ORDERED that: 1. Pre-Discovery Disclosures. The parties will exchange by December 31, 2007

the information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2. 2. Discovery. All discovery shall be commenced in time to be completed by June

30, 2008. Reports from retained experts under Rule 26(a)(2) on issues for which any party has the burden of proof due by April 25, 2008. Rebuttal expert reports due by May 30, 2008. (a) 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.

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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 December 31, 2007. 4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to a

Magistrate Judge for the purposes of exploring ADR. 5. Summary Judgment Motions. All summary judgment motions shall be served

and filed with an opening brief on or before ____________ 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No summary judgment motion may be filed 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

filed 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 in limine shall be filed on or before

________________. All responses to said motions shall be filed on or before ___________________. 8. Pretrial Conference. A pretrial conference will be held on _______________ at

9:30 a.m. in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall govern the pretrial conference. 9. Trial. This matter is scheduled for a _____________ jury trial commencing on

____________________ in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. For purposes of completing pretrial preparations, the parties should plan on being allocated a total number of _____hours in which to present their respective cases.

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__________________________________________ United States District Judge

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Case 1:07-cv-00147-SLR

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CERTIFICATION OF SERVICE I hereby certify that on November 30, 2007, I electronically filed the SCHEDULING ORDER with the Clerk of Court using CM/ECF. Michael Pileggi, Esquire 437 Chestnut Street, Suite 905 Philadelphia, PA 19106 Edward J. Fornias, III, Esquire Roeberg, Moore & Friedman, P.A. 910 Gilpin Avenue Wilmington, DE 19806

MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQUIRE (DE ID # 2135) 1220 N. Market Street, 5th Floor P.O. Box 130 Wilmington, DE 19899-0130 (302) 552-4302 Attorney for Defendant, Correctional Medical Services, Inc.

DATED: November 30, 2007
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