Free Scheduling Order - District Court of Delaware - Delaware

_ Case 1:06-cv-00762-JJF Document 21 Filed 06/22/2007 Paget of 4 O2 O
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LIPPERT COMPONENTS, INC., )
Plaintiff`, i
v. i C.A. No. 06-76 gy __
DEXTER CIIASSIS GROUP, INC., g
) - . .
D°f€“d““l· ) ‘ ‘` I
RULE I6 SCHEDULING ORDE A
'l`he panics having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre—Disc0very Disclosures. The panics exchanged on May 30, 2007 the
information required by Fed, R. Civ. P. 26(a)(I) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before August 15, 2007.
3. Discovery.
(a) Initial exchange and completion of contention interrogatories, identification of
fact witnesses and document production shall be commenced so as to be completed by
July 29, 2007.
(b) Maximum of 25 interrogatories, including contention interrogatories, for
each side.
(c) Maximum of 75 requests for admission by each side.
(d) Maximum of 12 depositions by plaintiff(s) and 12 by defendant(s), excluding
cxpen depositions. Depositions shall not commence until the discovery required by

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Paragraph 3(a, b and c) is completed. All fact discovery shall be completed by
January 15, 2008.
(e) Reports from retained experts required by Fed. R. Civ, P. 26(a)(2) on any
issue on which the party bears the burden of proof shall be served by February 15,2008.
Rebuttal reports and/or reports on which the party does not bear the burden of proof shall
be served by March 17, 2008.
(l) Any party desiring to depose an expert witness shall notice and complete
said deposition no later than April 15, 2008, unless otherwise agreed in writing by the parties
or ordered by the Coun.
4. Non-Case Dispositive Motions.
(a) Any non-case dispositive motion, along with an Opening Brief, shall be tiled with a
Notice of Motion. '1`he 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 ofthe motion
and allow for brieting in accordance with the Federal and Local Rules. Available motion dates
will be posted on the Court’s website at wwtv.ded.uscotrrts.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 tiling of the Notice of Motion, a copy of said Notice shall be sent to Chambers
by c—mail at: [email protected].
5. Amendment ofthe Pleadings. All motions to amend the pleadings shall be tiled
on or before January 31, 2008.
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 on or before
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May 6, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion
may be filed more than ten (l0) days from the above date without leave ofthe Coun. The Court
will issue a separate Order regarding procedures for filing summary judgment motionsggvg.
7. Markman. A Markman Hearing will be held on Briefing
on the claim construction issues shall be completed as follows: Each party shall exchange a
list of terms believed to require eonstmction by August 8, 2007. Each party shall exchange
proposed constructions of the disputed terms by August 15, 2007, and subsequently confer to
detenninc whether any proposed constructions can be agreed upon. Opening briefs concerning the
construction of disputed terms shall be tiled by September 14, 2007. Response briefs shall be
tiled by October 5, 2007. 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 ofthe
Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of Civil
Practice for the United States District Coun for the District of Delaware (Amended Effective
January 1, 1995). Any non-dispositive motion shall contain the statement required by D. Del.
LR 7. l . l. Parties may file stipulated and unopposed Orders with the Clerk of the 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.
(e) No telephone calls shall be made to Chambers.
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(d) Any party with a true emergency matter requiring the assistance of the Court shall c-
mail Chambers at: if eivil{alded.uscourts.gov, The e-mail shall provide a short
statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the pa11ies’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference. The Coun will determine
whether the trial date should be scheduled when the Scheduling Order is entered or at the
Prctrial Conference. lf 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 ofthe Pretrial Conference.
L infn 07 EQ; i GLU,/__g\ _
DATE IT DSTA ES TRICT JUDGE Q
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