Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00270-SLR

Document 13

Filed 06/16/2006

Page 1 of 1

Case 1:06-cv-00270-SLR

Document 13-2

Filed 06/16/2006

Page 1 of 3

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 3, 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

Case 1:06-cv-00270-SLR

Document 13-2

Filed 06/16/2006

Page 2 of 3

(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. Summary Judgment Motions. All summary judgment motions shall be served

and filed with an opening brief on or before December 15, 2006. Answering briefs shall be served and filed on or before January 15, 2007. Reply briefs shall be served and filed on or

2

Case 1:06-cv-00270-SLR

Document 13-2

Filed 06/16/2006

Page 3 of 3

before January 31, 2007. No summary judgment motion may be filed more than ten (10) days from the above date without leave of the court. 6. 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 papers or correspondence to chambers. statement required by D. Del. LR 7.1.1. 7. Motions in Limine. All motions in limine shall be filed on or before two weeks Any non-dispositive motion should contain the

before pretrial conference. All responses to said motions shall be filed on or before one week before pretrial conference. 8. Pretrial Conference. A pretrial conference will be held on May ___, 2007 at

_________ .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. 9. Trial. This matter is scheduled for a nine (9) day non-jury trial commencing on

May ___, 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

3