Free Motion for Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00047-JJF Document 7 Filed O3/23/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
JOHN P. GALLAGHER, )
Plaintiff, )
v. g C.A. N0. 07-47 (JJF)
E. I. DU PONT DE NEMOURS AND ) J URY TRIAL DEMANDED
COMPANY, )
Defendant. )
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by May 4, 2007
the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed
on or before December 1, 2007.
3. Discovery.
(a) Exchange and completion of interrogatories, identification of all
fact witnesses and document production shall be commenced so as to be completed by
November 16, 2007.
(b) Maximum of fifty (50) interrogatories by each party to any other
PMY-
(c) Maximum of twenty—five (25) requests for admission by each party
to any other party.

Case 1:07-cv-00047-JJF Document 7 Filed O3/23/2007 Page 2 of 4
(d) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from the plaintiff by December 10, 2007 ; from the defendant by January 11, 2008.
(e) 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 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 jjf [email protected] that the parties have completed briefing.
(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 December 1, 2007.

Case 1:07-cv-00047-JJF Document 7 Filed O3/23/2007 Page 3 of 4
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 March 30, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case
dispositive motion may be filed more than ten (10) 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 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 7.1.1. Parties may file stipulated and
unopposed Orders with the Clerk of the 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.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of
the Court shall e—mail Chambers at: jjf [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. lf scheduling of the trial

Case 1:07-cv-00047-JJF Document 7 Filed O3/23/2007 Page 4 of 4
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.
9. Other Matters. Plaintiff intends to file a Motion to Remand to State Court by
April 13, 2007, based upon the assertion that Plaintiff s Complaint does not raise a
federal question.
DATE UNITED STATES DISTRICT JUDGE
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