Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :O7—cv—OOO22-JJF Document 21 Filed OS/14/2008 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

A.H., a minor :
: C.A. N0.: 07-CV-22 "—U F
Plaintiff :
v. in ·
KB TOYS, INC., d/b/a KB TOYS
· Defendant
RULE 16 SCHEDULING ORDER U
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (f), -
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties [have exchanged] [will exchange] by i
Janugy 1, 2008 the information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.1. _
2. Joinder of other Parties. All motions to join other parties shall be filed on or before
January 1, 2008 . ·
3. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to Magistrate
Judge Mary Pat Thynge for the purposes of exploring the possibility of a settlement. If the parties
agree that they would benefit from a settlement conference, the parties shall contact the Magistrate l
Judge to schedule a settlement conference so as to be completed no later than the Pretrial Conference
or a date ordered by the Court.
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 June 1, 2008.
(b) Maximum of Q interrogatories by each party to any other party.

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(c) Maximum of §_Q request for admission by each party to any other
party.
(d) Maximum of § depositions by plaintiff (s) and § by
defendant (s). Deposi tions shall not commence until the discovery required by Paragraph 4 (a, b and
c) are completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26 (a) (2) are due
from the party with the burden of proof on the issue the expert is offered by July 1, 2008. .
(f) 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 A
in writing by the parties. n
5. Non-Case Dispositive Motions. ;
(a) Any non-case dispositive motion, along with an Opening Brief, shall be filed with
a Notice of Motion. The Notice of Motion shall indicate the date on which the movant seeks to have in
the motion head. The hearing date selected shall allow time for filing of the motion, allow for
briefing in accordance with the Federal and Local Rules, and shall permit all briefing to be filed `—no
later than 12:00 noon the Friday before the motion day on which it is to be heard. Available motion
dates will be posted on the Court’s website at http:[/www. ded.uscourts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (10) minutes to argue and
respond to questions from the Court.
(c) Upon filing of the Notice to Motion, a copy of said Notice shall be sent to
Chambers by-email at: [email protected]. gov
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed on
or before June 1, 2008.
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Case 1 :O7—cv—OOO22-JJF Document 21 Filed OS/14/2008 Page 3 of 4
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 on or before September l, V
@, 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. ‘
8. 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 June R
30, 2007). Any non-dispositive motion shall contain the statement required by D. Del. LR 7.1.1. and
be made in accordance with the Court’s Februaryl, 2008 Order on Procedures for filing non—
dispositive motions in non—patent cases (_r;g_·o_s£ cases excluded). Briefs shall be limited to no more
than ten (l0) pages. Parties may file stipulated and unopposed orders with the Clerk of the Court for
the Cou1t’s review and signing. The Courtwill not consider applications and requests submitted by V
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. hl
(d) Any party with a true emergency matter requiring the assistance of the Court
shall e-mail Chambers at jif [email protected]. The e-mail shall provide a short statement
describing the emergency.
9. Pretrial Conference and Trial. After reviewing the pa1ties’ Proposed Scheduling _
Order, the Court will schedule a Pretrial Conference.
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The Court will determine whether the trial date should be scheduled when the
Scheduling Order is entered or at the Pretrial Conference. If scheduling of the trial date is deferred
until the Pretri al 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.
DATE UNITE ST ISTRICT JUDGE A