Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :06-cv-00770-JJF Document 15 Filed 08/O3/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE BOARD OF EDUCATION OF THE )
APPOQUINIMINK SCHOOL DISTRICT, )
and THE DELAWARE DEPARTMENT OF )
EDUCATION, )
I
Plaintiffs, Counterclairn ) C.A. No. 06—770—JJ`F
Defendants, and )
}
VALERIE WOODRUFF, SECRETARY OF )
. EDUCATION FOR THE STATE OF )
DELAWARE, )
· )
Counterclaim Defendant, )
)
v. )
)
MR. & MRS. SQJ, IV, parents of )
SQ], V. )
)
Defendants, and )
)
I MR. & MRS. SQJ, IV individually and on behalf )
of their son, SQJ, V, )
)
Q; Counterclaim Plaintiffs. )
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P, 26(f), .
IT IS ORDERED that:
1, Pre—Discovery Disclosures. The parties will exchange by August 15, 2007 the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
I before August 24, 2007.
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Case 1:06-cv-00770-JJF Document 15 Filed 08/O3/2007 Page 2 of 4
3. Discovery. l
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by October 1,
2007.
(b) Maximum of 25 interrogatories by each party to any other party. -
(c) Maximum of 25 requests for admission by each party to any other party.
(d) Maximum of 7 depositions by Plaintiffs and 7 by Defendants. Depositions .
shall not commence until the discovery required by Paragraph 4 (a, b and c) are completed.
Depositions shall be completed by October 31, 2007.
7. (e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from Plaintiffs by September 4, 2007 and from Defendants by October 8, 2007.
(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, tmless otherwise
agreed in writing by the parties.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide shall
file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure and Local
Rule 37.1. Said motion shall not exceed a total of four (4) pages. An Answer to the Rule 37
motion, not to exceed four (4) pages, shall be filed within five (5) days of service of the motion.
No reply is permitted.
(b) All papers shall set forth in a plain and concise manner the issues in dispute,
the pa1ty’s position on the issues, and the reasons for the party’s position.
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Case 1:06-cv-00770-JJF Document 15 Filed 08/O3/2007 Page 3 of 4
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail at
jif [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may tile, unless
otherwise ordered by the Court.
5. Amendment of the Pleadings. All motions to amend the pleadings shall be
filed on or before August 24, 2007. ‘
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and filed on or before November 15, 2007.
Answering Briefs shall be served and filed on or before December 17, 2007. Reply Briefs shall
be served and filed on or before January 11, 2008.
7. 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
Q Civil Practice for the United States District Court for the District of Delaware (Amended
Effective January. l , 1995). Any non-dispositive motion shall contain the statement required by
D. Del. LR 7.1.1. Briefs shall be limited to no more than ten (I0) pages. Parties may file
stipulated and unopposed Orders with the Clerk of the Court for the Court’s review and signing.
i The Court will not consider applications and requests submitted by letter or in a form other than
a motion.
(b) No facsimile transmission will be accepted.
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Case 1:06-cv-00770-JJF Document 15 Filed 08/O3/2007 Page 4 of 4
(c) No telephone calls will be made to Chambers. {
(d) Any party with a true emergency matter requiring the assistance of the Court
shall e-mail Chambers at: iff [email protected]. The e-mail shall provide a short
statement describing the emergency.
8. 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 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 parties and counsel shall anticipate and prepare for a trial to be held
within sixty (60) to ninety (90) days of the Pretrial Conference.
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