Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-OOO27—GI\/IS Document 15 Filed 05/O2/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
_ KENEXA TECHNOLOGY, INC., )
a Pennsylvania Corporation, ) C.A. No. 07-27 (GMS)
)
Plaintiff, ) J URY TRIAL DEMANDED
l
v. )
g )
BLUELINX CORPORATION, )
a Georgia corporation, )
. )
Defendant. )
SCHEDULING ORDER
This day of May 2007, the Court having conducted a Rule 16 Scheduling
l
i Conference pursuant to Local Rule l6, 2(b) on April 26, 2007, and the parties having determined
after discussion that the matter cannot be resolved at this juncture by settlement, voluntary
mediation or binding arbitration;
ITIS ORDERED that:
l. 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) within ten
(10) days of the filing of defendant’s response to the amended complaint.
2. Joinder of other Parties and Amendment of Pleadings: All motions to join
other parties and amend the pleadings shall be filed on or before June 1, 2007.
3. Discovery: All discovery in this case shall be initiated so that it will be completed
on or before October 31, 2007.
. (a) Discovery and Scheduling Matters: Should counsel find they are unable to resolve a
discovery or scheduling matter, the parties shall contact chambers at (302) 573-6470 to schedule

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a telephone conference. Not less than forty-eight hours prior to the teleconference, the parties
shall `file with the court, via electronic means (CM/RCF), a joint nomargunientative letter
. agenda not to exceed (2) pages outlining the issue(s) in dispute. A sample letter can he located
on this court’s website at www.ded.uscou1‘ts.gov. After the parties have had three (3) discovery
, teleconferences, they will be required to file a joint letter showing good cause why the court
should permit a fourth discovery teleconference.
4. Confidential Information and Papers Filed under Seal: Should counsel tind 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 (lil) days from the date of this
order. When tiling papers under seal, counsel should deliver to the Clerk an original and two
copies ofthe papers.
If, 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).
S 5. Settlement Conference: Pursuant to 28 U.S.C. § 636, this matter is referred to
the United States Magistrate for the purpose of exploring the possibility of a settlement. If the
parties agree that the possibility of settlement may be enhanced by such referral, the parties shall
contact the Magistrate Judge to schedule a settlement conference with the counsel and clients.
E 6. Case and Issue Dispositive Motions: All case dispositive motions and an
opening brief and affidavits, if any, in support of the motion, shall be served and filed on or
before November 14, 2007. Briefing shall he presented pursuant to court’s Local Rules, unless
the parties agree to an alternative briefing schedule. Any such agreement shall he in writing and
2

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tiled with the Court for the Court’s approval. Any request for extensions of time as set forth in
this Scheduling Order must be accompanied by an explanation or your request will be denied.
7. Applications by Motion: Except as provided in this Order or for matters relating
to scheduling, any application to the Court shall be by written motion filed, via electronic means
(CM/EGF). Unless otherwise requested by the Court, counsel shall not deliver copies of papers
or correspondence to Chambers. Any non-dispositive motion shall contain the statement
required by Del. LR 7.l .1.
8. Oral Argument: If the Court believes that oral argument is necessary, the Court
will schedule a hearing Pursuant to Del. LR 7.1.4.
9. Pretrial Conference. On March 31, 2008, beginning at 9:30 a.m., the Court
will hold a Final 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 form of Pretrial
order can be located on this court’s website at www.ded.nscourts.gov. Thirty (30) days before
the Joint Proposed Pretrial Order is due, plaintiffs counsel shall forward to defendants counsel
a draft of the pretrial order containing the information plaintiff proposed to include in the draft;
Defendant’s counsel shall, in turn, provide to plaintiffs draft as well as the information
defendant proposed to include in the proposed pretrial order. Motions in limine: No party shall
file more than five (5) motions in limirze. The parties shall exchange opening briefs on
February 18, 2008; answering briefs on March 3, 2008; and reply briefs on March 10, 2008.
The briefs (opening, answering and reply) on all motions in limirze shall be filed as part of the
Pretrial Order. Opening and answering briefs shall not exceed five (5) pages and reply briefs
shall not exceed three (3) pages. The parties shall tile with the court the joint proposed final

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pretrial order with the information required by the form of Final Pretrial Order which can be
located on this court’s website at www.ded.uscourts.gov on or before March 10, 2008.
. I0. Trial: The matter is scheduled for a 5 day jury trial beginning at 9:30 a.m. on
April 21, 2008.
11. Scheduling: The parties shall contact chambers, at (302) 573-6470, only in
situations where scheduling relief is sought and only then when ALL participating counsel are on
the line for purposes of selecting a new date.
UNITED STATES DISTRICT IUDGE