Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv-00119—Gl\/IS Document 9 Filed 10/05/2007 Page 1 of4
TN THE UNITED STATES DISTRICT COURT
FOR T`l~l`I£ DISTRICT OF DELAWARE
INVTSTA sa ri and INVISTA )
(Canada) Company, )
Plaintiffs, l
v. l Civil Action No. 07-1 E9-GMS
Fiber Resources International, Inc., i
Defendant, i
{PROPOSED} SCHEDULING ORDER
This ________ day of October 2007, the Court having conducted a Rule 16 Scheduling
Conference pursuant to Local Rule l6.2(b) on September 28, 2007, and the parties having
determined after discussion that the matter cannot be resolved at this juncture by settlement,
voluntary mediation or binding Ei1"DllZl'EtiiOI"1,
IT {S ORDERED that:
lr Rule 2(ig:1) lnitiai Disclosures: Unless otherwise agreed to by the parties, they
shall snake their initial disclosures pursuant to Federal Ruies of Civil Procedure 2.6(a) on or
before October E9, 2007.
2. Joinder of other Parties and Amendment of Pleadings: All motions to join
other parties and amend the pleadings shall be Bled on or before November 16, 2007,
3. Discovery: All discovery in this case shall be initiated so that it will be
completed on or before January 18, 2008.
a. Discovery and Scheduling Matters: Should counsel End they are unable
to resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at
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Case 1:07-cv-00119-GMS Document 9 Filed 10/05/2007 Page 2 of 4
(302) 5'/3—6470 to schedule a telephone conference, Not less than forty—eight hours prior to the
teieconference, the parties shall tile with the court, via electronic means (CM/ECE), a _joint, non—
argumentative letter agenda not to exceed two (2) pages outiining the issue(s) in dispute, A
sample letter can be located on this court’s website at wwwded.uscoi11*ts.gov. Aher the parties
have had three (3) discovery teleconferences, they wiil be required to life a joint letter showing
good cause why the court should pennit a fourth discovery teleconference. Should the court had
further briefing necessary upon conclusion of the telephone conference, unless otherwise
directed, the party seeking relief shail tile with the court a TWO EAGE LETTER, exclusive of
exhibits, describing the issues in contention. The responding party shall tile within tive (5) days
from the date of service of the opening letter an answering ietter of no more than TWO PAGES,
The party seeking relief may then file a reply letter of no more than TWO PAGES within three
(3) days from the date of service ofthe answering letter.
4. Coniidential Information and Pagers filed under Seai: Should counsei tind it
wili be necessary to apply to the court for a protective order specifying terms and conditions for
the disciosure of conliriential information, they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the court within ten (10) days from the date of this
order, When tiling papers under seai, counsel shouid deliver to the Cierit an originai and two
copies of the papers,
If, after making a diligent effort, the parties are unable to agree on the contents of
the joint, proposed protective order, then they shall foilow the dispute resolution process
outlined in paragraph .3(a).
5, Settlement Conference: Pursuant to 23 U .S.C. §636, this matter is referred to
the United States Magistrate Judge for the purpose of expioring the possibiiity ofa settlement. lf
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Case 1:07-cv-00119-GMS Document 9 Filed 10/05/2007 Page 3 of 4
the parties agree that the possibility of settlement may be enhanced by such referral, tire parties
shall contact the United States Magistrate .Judge to schedule a settlement conference with
counsel and clients.
6. Case Dispositivc Motions: All case dispositive motions and an opening brief
and aflidavits, if any, in support of the motion shall be served and tiled on or before February 8,
2008. Briefing will be presented pursuant to the court’s Local Rules, unless the parties agree to
an alternative brieting schedule. Any such agreement shall be in writing and tiled with the Court
for the Court’s approvalr Any request for extensions oiltime as set forth in this Scheduling Order
must be accompanied by an explanation or your request will be denied.
7. Agplicatiorrs by Motion: Except as provided in this Sclreduling Order or for
matters relating to scheduling, any application to the Court shall be by written motion tiled, via
electronic means (CM/ECI:). Unless otherwise requested by the Court, counsel shall not deliver
copies ol papers or correspondence to Chambers. Any nonuzlispositive motion should contain the
statement required by Local Rule 7. it
8.. Oral Argument. if the Court believes that oral argument is necessary, the Court
will schedule a hearing Pursuant to Local Rule 7.1.4.
9. Pretriai Conference. On June 30, 2008, beginning at l0:00 ani., the Court will
hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the Court,
the parties should assume that filing the Joint Pretrial Order satislies the pretrial disclosure
requirement in Federal Rule of Civil Procedure 26(a)(3). A sample form of Pretrial Order can be
located on this court”s website at www.ded.t1scoL:1"ts.gov. `llrirty (30) days before the Joint
Proposed Pretrial Order is due, plaintiff s counsel shall Forward to defendant’s counsel a drait of
the pretrial order containing the int`ormation plaintiff proposes to include in the draft,
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Case 1:07-cv-00119-GMS Document 9 Filed 10/05/2007 Page 4 of 4
Dei’enciant’s counsel shall, in turn, provide to piaintifl” s counsel any continents on the plaintiffs
drab as well as the information defendant proposes to include in the proposed pretrial order.
Motions in Iimine: No party sliail tile more than live(5) motions in lirnine. Briefs (opening,
answering and reply) on all motions in lirnine shall be tiled by June 2, 2008, Opening and
answering briefs shall not exceed live (5) pages and reply briefs shall not exceed three (3) pages.
The parties shall tile with the court the joint proposed linal pretrial order with the information
required by the lorrn of Final Pretrial Order which can be located on this eourt’s website at
www.ded.t:scot11‘ts.gov by the close of business on June 2, 2003.
l0. This matter is scheduled for a 4 day bench trial beginning at QLQMQ am. on
July .21, 2.008,
il, Scheduling: The parties shall contact chambers, at (302) 573~6470, only in
situations where scheduling relief is sought and only then when ALL participating counsel is on
the line tor purposes of selecting a new date.

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