Free Letter - District Court of Delaware - Delaware

l i
Case 1:07-cv-OOOO8-SLR Document 12 Filed O3/30/2007 Page 1 of 1
ROSENTHAL, MONHAIT E3 GODDE55, P. A.
ATTORNEYS AT LAW
sum; moi, are MARKET STREET
P. O. BOX 1070
JOSEPH A. RosENrHAr WILMINGTON DELAWARE I9899_IO,O TELEPHONE ess-443;-s
NORMAN M. MONHAIT ’ FACSIMILE (302) ess-7567
JEFFREY s. c.oDDEss
cARME1.1.A R KEENER
EDWARD E. RosENrHAr
SSSSSSA ZELDIN Mach 30» 2007
VIA HAND DELIVERY AND CM/ECF
The Honorable Sue L. Robinson
United States District Court for the
» District of Delaware r
844 King Street
Wilmington, DE 19801
Re: DRBA v. Jan D. Kopacz, D. Del. C.A. N0. 07-0008-SLR
Dear Judge Robinson:
In keeping with the matters discussed at the March 28, 2007 teleconference, I have attached
a proposed Scheduling Order which includes the dates determined during the teleconference. I
would note, for Your Honor’s convenience, that the deadlines included in the original proposed
S Order for expert discovery did not comport with the September trial date. Accordingly, I have taken
the liberty of inserting earlier, expert discovery, and those dates have been agreed to among trial
counsel for the parties.
The parties are available at Your Honor’ s convenience should there be any question regarding
these matters.
Respectfully,
/s/ Carmella P. Keener
Carmella P. Keener (DSBA No. 2810)
[email protected]
Attorneys for Plaintgf
Delaware River and Bay Authority
CPK/jls A
cc: Bernard A. Van Ogtrop, Esquire (via electronic tiling)
E. Alfred Smith, Esquire (via electronic filing)
Mary Elisa Reeves, Esquire (via electronic mail)

` `
Case 1 :07-cv—OOOO8—SLR Document 12-2 Filed O3/30/2007 Page 1 of 3 r ·
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DELAWARE RIVER AND BAY :
AUTHORITY, : C.A. No. 07-00008-SLR
Plaintiff
v. :
JAN D. KOPACZ,
Defendant. :
[PROPOSED] DISCOVERY ORDER
l. Pre-Discovery Disclosures. The Parties have exchanged the information required by
Fed. R. Civ. P. 26(a) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subj ects:
Plaintiff will need discovery as to defendant’s medical condition, medical
treatment, living expenses, as well as his application for and receipt of disability _
and social security benefits. Plaintiff will also seek discovery on the
consequential damages alleged in his Counterclaim.
If plaintiff will not stipulate to the relevant facts, defendant will need
discovery on all facts related to the acquisition of the wage continuation policy
and its scope and also on the availability of expert adviceon maintenance law to
plaintiff in addition to plaintiffs counsel. Defendant will also need discovery on
plaintiffs surveillance evidence if it has any although defendant will obj ect to its
use since plaintiff did not disclose its existence in answers to interrogatories.
(b) All discovery shall be commenced in time to be completed by August l, 2007.

Case 1:07-cv—OOOO8—SLR Document 12-2 Filed O3/30/2007 Page 2 of 3
(c) Maximum of 25 interrogatories by each part to any other party.
(d) Maximum of 25 requests for admission by each party to any other party.
(e) Maximum of 5 depositions by plaintiff and 3 depositions by defendant.
(t) Each deposition limited to a maximum of 7 hours unless extended by agreement
of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for which any party
has the burden of proof due by July 2, 2007. Rebuttal expert reports due by
August 1, 2007.
(h) Discovery Disputes. Any discovery dispute shall be submitted to the Court
pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is
limited to two (2) Rule 37 motions. The Court shall make itself available,
however, to resolve through a telephone conference, disputes that arise during the
course of a deposition and disputes related to entry of a protective order.
3. J oinder of other Parties, Amendment of Pleadings, and Class Certification. All
motions to join other parties and/or amend the pleadings shall be tiled on or before April 15,
2007.
4. Applications by Motion. Any application to the Court shall be by written motion filed
with the clerk. 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 D. Del LR 7.1.1.
5. Motions in Limine. All motions in limine shall be tiled on or before August 13, 2007.
All responses to said motions shall be filed on or before August 20, 2007.
6. Pretrial Conference. A pretrial conference will be held on August 27, 2007 at 4:30 p.m.

Case 1:07-cv—OOOO8—SLR Document 12-2 Filed O3/30/2007 Page 3 of 3
in Courtroom 6B, Sixth Floor, Federal Building, 844 King Street, Wilmington, Delaware. For
purposes of completing pretrial preparations, the parties should plan on being allocated a total
number of hours in which to present their respective cases.
7. Trial. Trial shall commence on September 24, 2007.
IT IS SO ORDERED this __ day of , 2007.
U.S.D.J.
¢mmm»mwmwm mmm¤smmmmm1.m.aT.m.W.mwrmmsmw,in.,Iw,w,nm......i-..,m..I.w.¤2Wm.mm_,m¤mI________m_mWm_.