Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-OOOO8-SLR Document 10 Filed O3/26/2007 Page 1 of 1
ROSENTHAL, MONHAIT 8 CODDESS, P. A.
ATTORNEYS AT LAW
SUITE 1401, 919 MARKET STREET
E. o. Box rom
JOSEPH A. 1zosENrHAL WILMINGTON, DEEAWAAE 1989%,0,0 TELEPHONE (302) 656-4433
NORMAN M. MoNHA1r FACSIMILE (302) 658-7567
JEFFREY s. GODDE55
<;AEMErrA E. KEENER
EDWARD B. ROSENTHAL March 26, 2()()7
JESSICA zErD1N
VIA HAND DELIVERY AND CM/ECF
The Honorable Sue L. Robinson
United States District Court for the
District of Delaware
844 King Street
Wilmington, DE 19801
Rc: DRBA v. Jan D. Kopacz, D. Del. C.A. N0. 07-0008-SLR
Dear Judge Robinson:
In accordance with Your Honor’s March 9, 2007 Order, my firm has caused to be
electronically filed today a Proposed Discovery Order, which has been agreed to among the parties.
I would note for Your Honor’s convenience that the parties have suggested a summary judgment
motion deadline in paragraph 5, but would like to discuss with the Court the possibility of
proceeding to summary judgment briefing on a narrow issue, which could, conceivably, resolve the
case, in advance of the referenced deadline. Plaintiff` s counsel anticipate raising this issue during
the March 28, 2007 teleconference.
I would also note, for Your Honor’s convenience, that I have a 9:15 a.m. motion hearing
before The Honorable Jan R. J urden of the Superior Court on Wednesday; my colleague, Edward
B. Rosenthal, will participate in the teleconference before Your Honor, in my absence, together with
plaintiff` s lead counsel, Mary Elisa Reeves.
Respectfully,
/s/ Carmella P. Keener
Carmella P. Keener (DSBA No. 2810)
[email protected]
Att0rneysf0r Plaintw
Delaware River and Bay Authority
CPK/j ls .
cc: Bernard A. Van Ogtrop, Esquire (via electronic filing)
E. Alfred Smith, Esquire (via electronic filing)
Mary Elisa Reeves, Esquire (via electronic mail)

Case 1 :07-cv—OOOO8—SLR Document 10-2 Filed O3/26/2007 Page 1 of 3
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, q
Defendant. :
I
[PROPOSED] DISCOVERY ORDER
1. Pre-Discovery Disclosures. The Parties have exchanged the infonnation required by Fed.
R. Civ. P. 26(a) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects:
Plaintiff will need discovery as to plaintiff 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 advice on 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.

Case 1:07-cv—OOOO8—SLR Document 10-2 Filed O3/26/2007 Page 2 of 3
(b) All discovery shall be commenced in time to be completed by August 1, 2007.
(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.
(f) Each deposition limited to a maximum of 7 hours unless extended by agreement of
parties. i
(g) Reports from retained experts under Rule 26(a)(2) on issues for which any party has
the burden of proof due by August 15, 2007. Rebuttal expert reports due by
September 15, 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. Joinder of other Parties, Amendment of Pleadings, and Class Certification. All
motions to join other parties and/or amend the pleadings shall be filed on or before April 15, 2007.
4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to Magistrate
Judge Thynge for the purposes of pursuing ADR.
5. Summary Judgment Motions. All summary judgment motions shall be seryed and filed
with an opening brief on or before June 30, 2007. Briefing shall be pursuant to D. Del. LR 7.1.2. No
summary judgment motion may be tiled more than ten (10) days from the above date without leave of
Court.
.__.___( . l

Case 1:07-cv—OOOO8—SLR Document 10-2 Filed O3/26/2007 Page 3 of 3
6. 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.
7. Motions in Limine. All motions in limine shall be filed on or before [two weeks before
pretrial conference]. All responses to said motions shall be filed on or before [one week
before pretrial conference].
8. Pretrial Conference. A pretrial conference will be held on at
m. 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.
IT IS SO ORDERED this _ day of , 2007.