Free Proposed Order - District Court of Delaware - Delaware

Case 1 :06-cv-00761-GIVIS Document 1 1 Filed O9/20/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

K2 FINANCIAL, LLC, )
Plaintiff, I
v. j C.A. No. 06-761-GMS
K2 ADVISORS LLC, g _
Defendant. g

SCHEDULING ORDER
p This ______ day of September, 2007, the Court having conducted a Rule 16
Scheduling Conference pursuant to Local Rule l6.2(b) on September 18, 2007, and the parties
having determined after discussion that the matter cannot be resolved at this juncture by
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 Rule of Civil Procedure 26(a) on or before
I November I, 2007.
2. Joiuder of other Parties and Amendment of Pleadings. All motions to join
other parties and amend the pleadings shall be filed on or before March 17, 2008.
3. Discovery. All fact discovery in this case shall be initiated so that it will be
completed on or before May I6, 2008. Expert Discovery in this case shall be initiated so that it
will be completed on or before August 22, 2008. The parties shall exchange opening expert
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reports on June 20, 2008, and answering expert reports on July 18, 2008. The parties may serve A
25 interrogatories per side, including sub-parts.
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/ECF), a joint, non-
argumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute. A
V sample letter can be located on this COU1‘t’S website at vrrwvv.ded.uscot1rts.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 l
find further briefing necessary upon conclusion of the telephone conference, unless otherwise
directed, the party seeking relief shall tile with the court a TWO PAGE LETTER, exclusive of
exhibits, describing the issues in contention. The responding party shall tile 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 Papers 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 ten (10) days from the date of this
order. When tiling 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-00761-GIVIS Document 11 Filed O9/20/2007 Page 3 of 4
If after making a diligent effort the parties are unable to agree on the contents of the
J joint proposed protective order, then they shall follow the dispute resolution process
outlined in paragraph 3(a). J
5. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to
United States Magistrate Judge Leonard P. Stark for the purpose of exploring the possibility of ap V
settlement. Following the Court’s reference during the Scheduling Conference, the parties have
been in contact with Magistrate Judge Stark about scheduling a settlement conference with
cotmsel and clients.
6. Case Dispositive Motions. All case dispositive motions and an opening brief and
affidavits, if any, in support of the motion shall be served and tile on or before September 22,
2008. Briefing will be presented pursuant to the court’s Local Rules, unless the 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
gpg be accompanied by an explanation or your request will be denied.
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 tiled, via
electronic means (CM/ECP). Unless otherwise requested by the Court, counsel shall p_q_t deliver
copies of papers or correspondence to Chambers. Any non—dispositive motion should contain the
statement required by Local Rule 7. l . l. {
8. Oral Argument. lf the Court believes that oral argument is necessary, the Court
will schedule a hearing Pursuant to District of Delaware Local Rule 7.1.4.
9. Pretrial Conference. On February 2, 2009, beginning at 10:00 a.m., the Court
will hold a Pretrial Conference in Chambersiwith counsel. Unless otherwise ordered by the
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Court, the parties should assume that filing the Joint Pretrial Order satisfies the pretrial
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 defendant's counsel a
draft of the pretrial order containing the information plaintiff proposes to include in the draft. A
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 limine: No party shall file more than five (5) motions in limirze. Briefs (opening,
answering and reply) on all motions in Zimine shall be filed by , ______.
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 court the joint proposed final pretrial order with
the information required by the form of Final Pretrial Order which can be located on this court’s
website at www.ded.uscourts.gov on or before January 5, 2009.
l0. Qrjgl. This matter is scheduled for a 5-day jury trial beginning at 9:30 a.m. on
March 2, 2009.
ll. Scheduling. The parties shall contact chambers, at (302) 573-6470, only in
situations where scheduling relief is sought, and only then when ALL participating cotmsel is on
the line for purposes of selecting a new date.

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