Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00270-SLR

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MORRIS, JAMES, HITCHENS & WILLIAMS LLP
222 Delaware Avenue, 10th Floor Wilmington, Delaware 19801-1621 (302) 888-6800 Facsimile (302) 571-1750
www.morrisjames.com Richard K. Herrmann (302) 888-6816 [email protected] Mailing Address P.O. Box 2306 Wilmington, DE 19899-2306

July 6, 2006 VIA EFILING AND HAND DELIVERY The Honorable Sue L. Robinson United States District Court District of Delaware 844 King Street Wilmington, DE 19801 Re: Red Sonja LLC v. Paradox Entertainment, Inc., D. Del., C.A. No. 06-270-SLR

Your Honor: Pursuant to the June 28th scheduling conference, enclosed for the Court's signature, please find the parties' final proposed Scheduling Order in this matter. Respectfully, /s/ Richard K. Herrmann Richard K. Herrmann RKH/sch Enclosure cc: Thomas Preston, Esq. (via email w/ enclosure) Timothy Pecsenye, Esq. (via email w/ enclosure) Earl Forte, Esq. (via email w/ enclosure)

Dover (302) 678-8815

Broom Street (302) 655-2599

Newark (302) 368-4200

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE _________________________________________ ) RED SONJA LLC, ) ) Plaintiff, ) ) v. ) C.A. No. 06-270 SLR ) PARADOX ENTERTAINMENT, INC., ) ) Defendant. ) __________________________________________)

SCHEDULING ORDER At Wilmington this ___ day of __________, 2006, the parties having satisfied their obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b). IT IS ORDERED that: 1. Pre-Discovery Disclosures. The parties will exchange by July 10, 2006 the

information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2. 2. Discovery. (a) Discovery will be needed on the following subjects: trademark

infringement and unfair competition issues and damages. (b) 1, 2006. (c) (d) Maximum of 25 interrogatories by each party to any other party. Maximum of 50 requests for admission by each party to any other party. All fact discovery shall be commenced in time to be completed by October

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(e) defendant.

Maximum of twelve (12) depositions by plaintiff and twelve (12) by

Depositions of witnesses within the parties' control shall be held in either

Philadelphia, Pennsylvania or Wilmington, Delaware as the parties may agree. (f) Each deposition limited to a maximum of seven (7) hours unless extended

by agreement of the parties. (g) December 1, 2006. (h) Reports from retained experts under Rule 26(a)(2) on issues for which any Expert discovery shall be commenced in time to be completed by

party has the burden of proof due by November 1, 2006. Rebuttal expert reports due by November 17, 2006. (i) Discovery Disputes. Any discovery dispute shall be submitted to the

court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is limited to two (2) Rule 37 motions. The court shall make itself available, however, to resolve through a telephone conference, disputes that arise during the course of a deposition and disputes related to entry of a protective order. 3. Joinder of Other Parties and Amendment of Pleadings. All motions to join

other parties and amend the pleadings shall be filed on or before September 1, 2006. 4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to

Magistrate Judge Thynge for the purposes of exploring ADR. 5. Applications by Motion. Any application to the court shall be by written motion

filed with the clerk. Unless otherwise requested by the court, counsel shall not deliver copies of

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papers or correspondence to chambers. statement required by D. Del. LR 7.1.1. 6.

Any non-dispositive motion should contain the

Motions in Limine. All motions in limine shall be filed on or before December

5, 2006. All responses to said motions shall be filed on or before December 12, 2006. 7. Pretrial Conference. A pretrial conference will be held on December 19, 2006

at 4:30 p.m. in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall govern the pretrial conference. 8 Trial. This matter is scheduled for a nine (9) day non-jury trial commencing on

January 16, 2007 in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. The parties agree to waive their right to trial by jury. For purposes of completing pretrial preparations, the parties should plan on being allocated a total number of hours in which to present their respective cases.

__________________________________ United States District Judge

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