Free Scheduling Order - District Court of Delaware - Delaware

l Case 1:06-cv-00774-JJF Document 27 Filed O3/28/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RELIANT PHARMACEUTICALS, INC., )
Plaintiff, g
V. l
) Civil Action N0. 06-774-JJF
PAR PHARMACEUTICAL, INC., )
Defendant. g
)
RULE 16 SCHEDULING ORDER
The patties having satisfied their obligations under Fed. R. Civ. P. 26(O,
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by May l l, 2007 the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. J oinder of other Parties. All motions to join other parties shall be filed on or before
October 19, 2007.
3. Discovery.
(a) Exchange and completion of` contention interrogatories, identification of fact
witnesses and document production shall be commenced so as to be completed by August 24,
2007.
(b) Maximum of 35 interrogatories, including contention interrogatories, for each
side.
(c) 100 requests for admission by each side, except concerning authenticity.

Case 1:06-cv-00774-JJF Document 27 Filed O3/28/2007 Page 2 of 4
(d) Maximum of l5 depositions by plaintiff and 15 by defendant, excluding
expert depositions. Depositions shall not commence until the discovery required by Paragraph
3(a) is completed.
(c) Reports lrom retained experts required by Fed. R. Civ. P. 26(a)(2) shall be
served from the party with the burden of proof on March 3l, 2008, rebuttal expert reports shall
be served April 30, 2008. If the Court has not issued a Markman ruling by March 24, 2008, the
parties shall meet and confer regarding due dates for opening expert reports, rebuttal reports, and
close of expert discovery after the issuance ofthe Markman ruling.
(l) Expert discovery shall close on May 30, 2008.
(g) F act discovery shall close on March 7, 2008.
4. 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 the motion heard. The date selected shall be within 30 days of the filing of the
motion and allow or briefing in accordance with the Federal and Local Rules. Available motion
dates will be posted on the Court’s website at www.ded.uscotuts.gov.
(b) At the motion hearing, each side will be allocated twenty (20) minutes to
argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent to
Chambers by-email at: jj [email protected]. gov.
5. Amendment of the Pleadings. All motions to amend the pleadings shall be filed on
or before October 19, 2007.
2

‘ Case 1:06-cv-00774-JJF Document 27 Filed O3/28/2007 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 by_June 27, 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. The Court will issue a
separate Order regarding procedures for filing summary judgament tip s, {9;))
7. Markman. A Markman Hearing will be ·=- ; s l u r--S-$2 Briefing on the
claim construction issues shall be completed at least ten (10) business days prior to the hearing.
The Court, after reviewing the briefing, will allocate time to the parties for the hearing.
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 Unit.ed 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 ofthe 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 c-mail Chambers at: jjt"[email protected]. The e-mail shall provide a short statement
describing the emergency.
9. 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
3

_ Case 1:06-cv-00774-JJF Document 27 Filed O3/28/2007 Page 4 of 4 *
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 Pretrial Conference, the panics and counsel shall
anticipate and prepare for a trial to be held within sixty (60) to ninety (90) days of the Pretrial
Conference.
DATE UNI ii STA S IS r· ICT JUDGE `T
\.
4