Free Proposed Order - District Court of Delaware - Delaware

Case 1 :06-cv—00763-GIVIS Document 18 Filed 12/14/2007 Page of 4 j
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ,
I
CONTINENTAL CASUALTY ) §
COMPANY, ) -
)
Plaintiff ) Civil Action No.: 1:06-cv-0763-GMS 4
)
v. ) W
)
GOOD GUYS, INC. and COMPUSA, ) .
I INC., )
)
Defendants. )
SCHEDULING ORDER 3
This day of 200__, the Court having conducted a
Rule 16 Scheduling Conference pursuant to Local Rule 16.2(b) on December 7, 2007, and the A
parties having determined after discussion that the matter cannot be resolved at this juncture by 3
settlement, voluntary mediation or binding arbitration;
IT IS ORDERED that:
1. Rule 26ga) Initial Disclosures: Unless otherwise agreed to by the parties, they _
shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or
before December 31, 2007. p
2. J oinder of other Parties and Amendment of Pleadings: All motions to join I
other parties and amend the pleadings shall be filed on or before January 15, 2008. A `
3. Discovery: All fact discovery in this case shall be initiated so that it will be
completed on or before July 31, 2008. Expert discovery in this case shall be initiated so that I
it will be completed on or before August 31, 2008. The Parties shall exchange opening
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Case 1:06-cv—00763-G|\/IS Document 18 Filed 12/14/2007 Page 2 of 4 V
expert reports on or before June 30, 2008 and answering expert reports on or before j
July 31, 2008. i
a. Discovery and Scheduling Matters: Should counsel find they are unable to (
resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at (
(302) 573-6470 to schedule a telephone conference. Not less than forty-eight hours prior to
the teleconference, the parties shall file with the court, via electronic means (CM/ECE), a
joint, non~argumentative letter agenda not to exceed two (2) pages outlining the issue(s) in i
dispute. A sample letter can be located on this court's website at www.ded.uscourts.gov. After
the parties have had three (3) discovery teleconferences, they will be required to file a joint
letter showing good cause why the court should permit a fourth discovery teleconference.
Should the court find further briefing necessary upon conclusion of the telephone conference, ‘
unless otherwise directed, the party seeking relief shall file with the court a TWO PAGE i
LETTER, exclusive of exhibits, describing the issues in contention. The responding party shall
file within five (5) days from the date of service of the opening letter an answering letter of no
more than TWO PAGES. The party seeking relief may then file a reply letter of no more than
TWO PAGES within three (3) days from the date of service of the answering letter. ` (
4. Confidential Information and Pagers filed under Seal: Should counsel find it
will be necessary to apply to the court for a protective order specifying terms and conditions (
for the disclosure of confidential information, they should confer and attempt to reach an
agreement on a proposed form of order and submit it to the court within sixty (60) days from i
the date of this order. When filing papers under seal, counsel should deliver to the Clerk an
original and two copies of the papers.
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Case 1:06-cv—00763-G|\/IS Document 18 Filed 12/14/2007 Page 3 of 4 p
If, after making a diligent effort, the parties are unable to agree on the contents of
the joint, proposed protective order, then they shall follow the dispute resolution process
outlined in paragraph 3(a).
5. Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is referred to the _
United States Magistrate for the purpose of exploring the possibility of a settlement. lf the parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall p
contact the assigned United States Magistrate Judge to schedule a settlement conference with
counsel and the clients. A
6. Case Dispositive Motions: All case or issue dispositive motions and an opening
brief and affidavits, if any, in support of the motion shall be served and filed on or before
August 25, 2008. Briefing will be presented pursuant to the court's Local Rules, unless the p
parties agree to an alternative briefing schedule. Any such agreement shall be in writing and
filed with the Court for the Court's approval. Any request for extensions of time as set forth in
this Scheduling Order must be accompanied by an explanation or your request will be denied. l
7. Applications by Motion: Except as provided in this Scheduling Order or for
matters relating to scheduling, any application to the Court shall be by written motion filed, via ·
electronic means (CM/ECF). Unless otherwise requested by the Court, counsel shall g 4
deliver copies of papers or correspondence to Chambers. Any non-dispositive motion should l
contain the statement required by Local Rule 7.1.1.
7. Oral Argument: If the Court believes that oral argument is necessary, the Court.
will schedule a hearing Pursuant to Local Rule 7.1.4.
8. Pretrial Conference: On November 18, 2008, beginning 10:00 a.m. the Court p
will hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the A
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Court, the parties should assume that filing the Joint Pretrial Order satisfies the pretrial L
disclosure requirement in Federal Rule of Civil Procedure 26(a)(3). A sample form of Pretrial
Order can be located on this court's website at www.ded.uscourts.gov. Thirty (30) days before
the Joint Proposed Pretrial Order is due, plaintiffs counsel shall forward to defendanfs counsel
a draft of the pretrial order containing the information plaintiff proposes to include in the draft.
Defendanfs counsel shall, in turn, provide to plaintiffs counsel any comments on the plaintiffs [
draft as well as the information defendant proposes to include in the proposed pretrial order.
Motions in limiue: No party shall file more than five (5) motions in Zimine. Opening Briefs
on all motions in limine shall be filed on October 6, 2008, answering briefs on October 17,
2008 and reply briefs on October 27, 2008. Opening and answering briefs shall not exceed
( five (5) pages and reply briefs shall not exceed three (3) pages. The parties shall file with the t
court the joint proposed final pretrial order with the information required by the form of Final
Pretiial Order which can be located on this court's website at www.ded.usoourts.gov on or
before October 27, 2008. i
9. _'1;r_ial_: This matter is scheduled for a three (3) day bench trial beginning at 9:00 (
a.m. on December 8, 2008. i
l0. Scheduling: The parties shall contact chambers, at (302) 573-6470, only in `
situations where scheduling relief is sought and only then when ALL participating counsel are (
on the line for purposes of selecting a new date.

UNITED STATES DISTRICT JUDGE
_ GMS Sample i
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