Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00128-JJF Document 14 Filed 07/24/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
YVES FLORESTAL, ) C.A. No. 07-128-JJ F
)
Plaintifi )
v. )
)
GOLDEN HARRINGTON, LLC ) TRIAL BY JURY DEMANDED
a Delaware limited liability company, and )
TWENTY—NINE CORP., a )
Maryland corporation )
)
Defendant. )
Rl]! IE 6 SCHEDULINQ QRDEB
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (i),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by July 15, 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 on or before ;
August 31, 2007.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to I
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. If the
parties agree that they would benefit from a settlement conference, the parties shall contact y
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than
the Pretrial Conference or a date ordered by the Court.
4. Discovery.

Case 1:07-cv-00128-JJF Document 14 Filed 07/24/2007 Page 2 of 4
( a) Exchange and completion of interrogatories, identification of all fact witnesses and
document production shall be commenced so as to be completed by February l, 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 10 depositions by plaintiff (s) and 10 by dcfcndant.(s). 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(s) by November 1, 2007; from the defendant(s) by January 1, 2008.
(f) Any party desiring to dcpose an expert witness shall notice and complctc said
deposition no later than thirty (30) days from receipt of said expe1t’s report, tmless otherwise
agreed in writing by the parties.
5. Discovery Disputes.
( a ) A party seeking discovery which the opposing party refuses to provide shall file a
motion (no briet) pursuant to Rule 37 ofthe Federal Rules of Civil 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 tiled within five (5) days of service of the motion. No reply
is permitted.
( b) All papers shall set forth in a plain and concise manner and issue(s) in dispute, the l
party’s position on the issue(s), and the reasons for the party’s position. §
( c ) Upon receipt of the Answer, the movant shall notify Chambers by e-mail at
[email protected] that the parties have completed briefing. t;


Case 1:07-cv-00128-JJF Document 14 Filed 07/24/2007 Page 3 of 4
( d) Upon receipt of the movant’s e-mail, the Court will determine whether a conference
is necessary and advise the parties accordingly.
( e ) There is no limit on the number of Rule 37 motions a patty may file, unless
otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be tiled on
or before August 31, 2007.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and tiled with an opening brief on or before April 1,
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.
8. Applications by Motion.
( a) Any applications to the Court shall be by written motion filed with the Clerk ofthe
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, 1997). Any non-dispositive motion shall contain the statement required by D. Del. LR
7.1.1. 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 it
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.
l

Case 1:07-cv-00128-JJF Document 14 Filed 07/24/2007 Page 4 of 4
( d ) Any party with a true emergency matter requiring the assistance ofthe Court shall e-
mail Chambers at: [email protected]. The e-mail shall provide a short statement
describing the emergency.
9. Pretrial Conference. After reviewing the parties’ Proposed 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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