Free Scheduling Order - District Court of Delaware - Delaware

Case 1:06-cv-00077-JJF Document 61 Filed 10/05/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BALDWIN GRAPHIC SYSTEMS, INC., )
Plaintiff, g
I v. g C.A. No. 06-77 (ITF)
FIBERWEB SIMPSONVILLE INC. and g
FIBERWEB, INC. )
Defendants. g
|§ROPOSED| FORTH AMENDED SCHEDULING ORDER
It is hereby ORDERED that:
l. Joinder of Other Parties. All motions to join other parties shall be tiled on or
before June 15, 2007.
2. Discovery.
(a) Exchange and completion of contention interrogatories, and identification
offact witnesses shall be commenced so as to be completed by January 29, 2007.
(b) Document production shall be commenced so as to be completed by April
2, 2007.
(c) Maximum of 25 interrogatories, including contention interrogatories, for
each side.
(d) Maximmn of S0 requests for admissions by each side.
(e) Maximum of 12 depositions by plaintiff(s) and 12 by defendant(s),
excluding expert depositions. Depositions shall not commence until the discovery required by n
paragraph 2(a, b and c) is completed.

Case 1:06-cv-00077-JJF Document 61 Filed 10/05/2007 Page 2 of 4
(i) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the party bearing the burden of proof on an issue by May 2, 2008, with rebuttal reports due
June 6, 2008.
(S) Expert Deposition Completion Deadline July 2, 2008.
(h) F act and Expert Discovery Completion Deadline July 2, 2008.
3. Discovery Disputes.
The parties shall follow the Court’s December 15, 2006 Procedure For Filing Non-
Dispositive Motions In Patent Cases for discovery disputes and all other non—dispositive
motions. _
4. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before January 19, 2007.
5. 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
September, 8, 2008. Briefing shall be pursuant to D, Del. LR 7.1.2. No case dispositive motion
may be filed more than ten (10) days from the above date without leave of the Court. The Court
will issue a separate Order regarding procedures for filing summary judgment motions.
6. Markman.
Briefing on the claim construction issues shall be completed at least ten (l0) business days prior
to the hearing.
(a) Opening Markman Briefs due December 14, 2007.
(b) Rebuttal Markman Briefs due January 22, 2008.
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(c) A Markman Hearing will be held on February 5, 2008, or as determined
by the Court. The Court, after reviewing the briefing, will allocate time to the parties for the
hearing.
7. Application by Motion.
(a) Any application 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 Court for the District of Delaware (Amended
Effective January 1, 1995). Any non-dispositive motion shall contain the statement required by
D. Del. LR 7.1.l. Parties may tile stipulated and unopposed Orders with the Clerk ofthe 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.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of the
Court shall e-mail Chambers at: [email protected]. The e-mail shall provide a short
statement describing the emergency.
8. Pretrial Conference and Trial.
(a) A Pretrial Conference will be held on Wednesday, October 1, 2008, or as
determined by the Court. The Federal Rules of Civil Procedure and the Local Rules of Civil
Practice for the United States District Court for the District of Delaware (Amended E&`ective
January 1, 1995) shall govern the pretrial conference;
(b) Trial Date November 3, 2008, or as determined by the Court.
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Case 1:06-cv-00077-JJF Document 61 Filed 10/05/2007 Page 4 of 4
/00 t __
SO ORDERED this day of it-@#1. ,2007.
UN T D SR TES ISTRICT IUDGE
1245965 ‘
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