Free Scheduling Order - District Court of Delaware - Delaware


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Date: November 2, 2007
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State: Delaware
Category: District Court of Delaware
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.. Case 1:07-cv-00071-IVIPT Document 24 Filed 11/02/2007 Page 1 of 3
Case 1:07-cv-00071-l\/IPT Document 23 Filed 11/01/2007 Page 1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BENJAMIN E. JACKSON, SR., :
Plaintiff,
v. C.A. No. 07-71-MPT
THE URSULINE ACADEMY OF
WILMINGTON, DELAWARE, INC. :
a Delaware Corporation, :
Defendant
REVISED SCHEDULING ORDER _
This I2"` day of October, 2007, the Court having conducted a Status Conference
by telephone on October 12, 2007, the following portions of this Court’s May 8, 2007
Scheduling Order are hereby revised as follows;
IT IS ORDERED that:
c. Discovery Cut Off. All discovery in this case shall be initiated so
that it will be completed on or before December 31, 2007. The Court encourages
the parties to serve and respond to contention interrogatories early in the case. Unless
otherwise ordered by the Court, the limitations on discovery set forth in Local Rule 26.1
shall be strictly observed.
d. Disclosure of Expert Testimony. For the party who has the initial
burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of
expert testimony is due on or before November 14, 2007. The supplemental
disclosure to contradict or rebut evidence on the same matter identified by another

. Case 1:07-cv-00071-MPT Document 24 Filed 11/O2/2007 Page 2 of 3
Case 1:07-cv-00071—MPT Document 23 Filed 11f01f2007 Page 2 of3
party is due on or before December 14, 2007. Along with the submissions ofthe
expert reports, the parties shall advise of the dates and times of their experts’
r availability for deposition.
To the extent any objection to expert testimony is made pursuant to
the principles announced in Daubert v. Merrell Dow Pharm., inc., 509 U.S. 579 (1993),
as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later
than the deadline for dispositive motions, which is January 18, 2008.
11. Pretrial Conference. On September 12, 2008, the Court will hold a
Final Pretrial Conference in Chambers with counsel beginning at 9:00 a.m. Unless
otherwise ordered by the Court, the parties should assume that Hling the pretrial order
satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
The parties shall Hle with the Court the joint proposed final pretrial order with the
information required by the form of Final Pretrial Order which accompanies this
Scheduling Order on or before September 5, 2008.
_ 12. Motions in Limine. Motions in lfmine shall not be separately Hled. All in
limine requests and responses thereto shall be set forth in the proposed pretrial order.
Each party shall be limited to Hve in limine requests, unless othenrvise permitted by the
Court. The in limine request and any response shall contain the authorities relied upon;
each in limine request may be supported by a maximum of three pages of argument
and may be opposed by a maximum of three pages of argument. If more than one
party is supporting or opposing an in limine request, such support or opposition shall be
combined in a single three (3) page submission, unless othenrvise ordered by the Court.
No separate briehng shall be submitted on in iimine requests, unless otherwise
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Case 1:07—cv—00071-MPT Document 23 Filed 11f01f2007 Page 3 of3
permitted by the Court.
13. Jury Instructions Voir Dire and Special Verdict Forms. Where a case is
to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should Hle proposed
voir dire, instructions to the jury, and special verdict forms and jury interrogatories three
full business days before the tinal pretrial conference. That submission shall be
accompanied by a computer diskette (in WordPerfect format) which contains the
instructions, proposed voir dire, special verdict forms, and jury interrogatories.
14. Eg. This matter is scheduled for a four day jury trial beginning at 9:30
a.m. on October 6, 2008. For the purpose of completing pretrial preparations, counsel
should plan on each side being allocated a total of 10 hours to present their case.
§D STATES i\/IAGIQTPQATE JUDGE
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