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A Case 1:07-cv-00092-JJF Document 11 Filed 12/17/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOANN KAYEA, * C.A. No. 07-092 (JJF)

Plaintiff, *
‘ v. I

THE PRUDENTIAL INSURANCE *
COMPANY OF AMERICA, a foreign *
company, ;
Defendant. *
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R.
Civ. P. 26(f),
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties have exchanged
the information required by Fed. R. Civ. P. 26(a)(l) and D. Del.
LR 16.2.
2. Jcinder of other Parties. All motions to join other
parties shall be filed on or before the discovery deadline.
3. Discovery. If the court determines that ERISA governs
the case, then discovery is limited to the production of the
administrative record and any relevant discovery surrounding the
funding of the Plan. If ERISA does not govern the Plan, discovery
will be as follows:
(a) Exchange and completion of interrogatories,
identification of all fact witnesses and document production shall
be commenced so as to be completed by June 30, 2008. S
(b) Maximum of 2§ interrogatories by each party to any
other party.

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(c) Maximum of gg requests for admission by each party
to any other party.
(d) Maximum of § depositions by plaintiff(s) and § by
defendant(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 July 30, 2008;
from the defendant(s) by August 30, 2008.
(f) 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.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing party
refuses to provide shall file a motion (no brief) pursuant to Rule
37 of the 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
filed 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 the issue(s) in dispute, the party's position on the f
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. C

Case 1:07-cv-00092-JJF Document 11 Filed 12/17/2007 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 party may file, unless otherwise ordered by the Court.
5. Amendment of the Pleadings. All motions to amend the
pleadings shall be filed on or before January 3l, 2008.
6. 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 September 30, 20Q§.
Briefing shall be pursuant to D. Del. LR 7.l.2. No case
dispositive motion may be filed more than ten (l0) days from the
above date without leave of the Court.
7. 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 from the United States District Court for the District of
Delaware (Amended Effective January l, l995). Any non—dispositive
motion shall contain the statement required by D. Del. LR 7.l.l.
Briefs shall be limited to no more than ten (l0) pages. Parties
may file stipulated and unopposed Orders with the Clerk of the A
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. 3
(c) No telephone calls shall be made to Chambers. d

Case 1:07-cv-00092-JJF Document 11 Filed 12/17/2007 Page 4 of 4
U (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.
~ 8. Pretrial Conference and Trial. 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.