Free Scheduling Order - District Court of Delaware - Delaware

Case 1:07-cv-00048-JJF Document 20 Filed O9/06/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
M. DIANE KOKEN, in her official capacity :
as Insurance Commissioner ofthe Commonwealth :
of Pennsylvania, as Liquidator of RELIANCE :
INSURANCE COMPANY (IN LIQUIDATION), :
Ptaamang Q
v. CIVIL ACTION NO. 07—048-JJF
PAULA FINANCIAL,
Defendant.
RULE I6 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
I. Pre-Discovery Disclosures. The parties will exchange by May 18, 2007 the
information required by Fed. R. Civ. P. 26(a)(I) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions tojoin other parties shall be filed on or before
January 31, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring the possibility ofa settlement. Ifthe _
parties agree that they would benefit from a settlement conference, the parties shall contact
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 Coun.
4. Discovery.
`
(a) Exchange and completion of interrogatories, identification of all fact witnesses and
document production shall be commenced so as to be completed by January 31, 2008.
i
RLl*l-3I4i'S28-I
l

Case 1:07-cv-00048-JJF Document 20 Filed O9/06/2007 Page 2 of 4
(b) There shall be a maximum of 25 interrogatories, including subparts, by each party to
any other party.
(e) There shall be no limit to the number of requests for admission served by each pany
to any other party.
(d) There shall be a maximum of l0 depositions by plaintiff and I0 depositions by
defendant.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) on issues for which
any party has the burden ofproof are due by March 31, 2008. Rebuttal expert reports are due by
April 30, 2008.
(f) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than 30 days from receipt of said expert’s report, unless 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 briel) 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 filed within five (,5) days ofservice ofthe 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 issue(s), and the reasons for the party's position.
(c) Upon receipt ofthe Answer, the movant shall notify Chambers by e-mail at
jj t`[email protected] that the parties have completed briefing.
2
izi.1-·i.31mzs-i

Case 1:07-cv-00048-JJF Document 20 Filed 09/06/2007 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 ofRule 37 motions a party 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 January 31, 2008.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and filed with an opening brief by June 30, 2008.
Briefing shall be pursuant to D. Del. LR 7.1.2.
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
January 1, 1995). Any non—dispositive motion shall contain the statement required by D.
Del. LR 7.l.l. Parties may file stipulated and unopposed Orders with the Clerk ofthe Court for
the Cou1t’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.
(c) No telephone calls shall be made to Chambers.
(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.
it
ji
3
mt-¤i.smszs.i

’ Case 1:07-cv-00048-JJF Document 20 Filed 09/06/2007 Page 4 of 4
9. 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 Prctrial Conference. lf 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 ofthe Pretrial Conference.
» N. i‘ t t l. . " fe t. . S
4* J i? .. a r. ' t J e
DATE ( U _IJED S T ISTRICTJ ( » E.
l
I:
l
4 l
Rl,l*l-514782S-l
(I