Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-00088—Gl\/IS Document 8 Filed 06/22/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CROSSLINK-—D, INC., a Delaware )
corporation, )
Plaintit`:t—Counterclaim l
Defendant, )
v, l Civil Action No. 07—8S (GMS)
JOSEPH LARGEY, l
Defendant—Cou11terclai1n l
Plaintiff. )
SCI-IEDULING ORDER
This _ day of J une, 2007, the Court having conducted a Rule 16 Scheduling
Conference pursuant to Local Rule l6r2(b) on June I5, 2007, and the parties having determined
alter discussion that the matter cannot be resolved at this juncture by settlement, voluntary
mediation or binding arbitration;
IT IS HEREBY ORDERED THAT:
li Rule 26(a) Initial Disclosures: Unless otherwise agreed to by the parties, they
shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or
before July 9, 2007;
2: J oinder of Other Parties and Amendment of Pleadingsz All motions to join
other parties and amend the pleadings shall be filed on or before August 3l, 2007;
3: Discovery: All discovery in this case shall be initiated so that it will be completed
on or before August 31, 2007;
a. Discovery and Scheduling Matters: Should counsel rind that they are
unable to resolve a discovery or scheduling matter, the party seeking the relief shall

Case 1:07-cv-00088—Gl\/IS Document 8 Filed 06/22/2007 Page 2 of 4
contact chambers at (302) 573-6470 to schedule a telephone conference. Not less than
forty—eight hours prior to the teleconference, the parties shall file with the court, via
electronic means (CM/ECF), a joint, nomargumentative letter agenda not to exceed two
(2) pages outlining the issue(s) in dispute. A sample letter can be located on this court’s
website at www.ded.uscourts.gov. After the parties have had three (3) discovery
teleconferences, they will be required to file ajoint letter showing good cause why the
court should permit a fourth discovery teleconference. Should the court find further
briefing necessary upon conclusion of the telephone conference, unless otherwise
directed, the party seeking relief shall tile with the court a TWO PAGE LETTER,
exclusive of exhibits, describing the issues in contention. The responding party shall file
within tive (5) days from the date of service ofthe opening letter an answering letter 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 of the answering letter.
4. Confidential Information and Pagers Filed Under Seal: Should counsel find it
will be necessary to apply to the court for a protective order specifying terms and conditions for
the disclosure of confidential information, they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the court within ten (l0) days horn the date of this
order. When filing papers under seal, counsel should deliver to the Clerk and original and two
copies ofthe papers.
Ii`, after making a diligent effort, the parties are unable to agree on the contents of
the joint, proposed protective order, then they shall follow the dispute resolution process
outlined in paragraph 3(a).
5. Settlement Conference: This matter is not being referred to the Magistrate Judge.
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Case 1:07-cv-00088—Gl\/IS Document 8 Filed 06/22/2007 Page 3 of 4
6. Case Disgositivc Motions: The parties will not be permitted to tile case
dispositive motions.
7. Applications by Motion: Except as provided in this Scheduling Order or for
matters relating to scheduling, any application to the Court shall be by written motion tiled, via
electronic rneans (CM/ECF). Unless otherwise requested by the Court, counsel shall _n_g_t deliver
copies of papers or correspondence to Charnbers. Any non-dispositive motion should contain the
statement required by Local Rule 7.1.1.
8. Oral Argument: lf the Court believes that oral argument is necessary, the Court
will schedule a hearing pursuant to Local Rule 7.1.4.
9, Pretrial Conference: On October ll, 2007, beginning at 9:00 a.1n.., the Court will
hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the Court,
the parties should assume that tiling the Joint Pretrial Order satisfies the pretrial disclosure
requirement in Federal Rule of Civil Procedure 26(a)(.3). A sample fonn of Pretrial Order can be
located on this court’s website at www.ded.uscourts.gov. Thirty days before the Joint Pretrial
Order is due, plaintiff s counsel shall forward to defendant’s counsel a draft ofthe pretrial order
containing the information plaintiff proposed to include in the draft. Defendanfs counsel shall,
in turn, provide to plaintiff s counsel any comments on the plaintiffs draft as well as the
information defendant proposes to include in the proposed pretrial order. Motions in limlne: No
party shall filed more than five (5) motions in finalize,. Briefs (opening, answering and reply) on
all motions in limine shall be tiled by September 28, 2007. Opening and answering briefs shall
not exceed live (5) pages and reply briefs shall not exceed three pages. The parties shall file
with the court the joint proposed final pretrial order with the infomation required by the form of
Final Pretrial Order which can be located on this court’s website at W\VW.Clf5Cl.l1SCOlllTlS.COll'l on or
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Case 1:07-cv-00088—Gl\/IS Document 8 Filed 06/22/2007 Page 4 of 4
before September 28, 2007 at 5:00 pom,
10. Trial: This matter is scheduled for a four day jury trial beginning at 9:00 am. on
November 5, 2007.
11: Scheduling: The patties shall contact chambers, at (302) 57345470, only in
situations where scheduling relief is sought and only then when all participating counsel is on the
line for the purposes of selecting a new date.
UNITED STATES DISTRICT COURT JUDGE
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663333-1