Free Scheduling Order - District Court of Delaware - Delaware

Case 1:06-cv-OOO77—JJF Document 41 Filed O3/O1/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BALDWIN GRAPHIC SYSTEMS, INC., )
P.laintit`f, l
v. g Civil Action No. 06-077-JJF
FIBERWEB SIMPSONVILLE, INC., l
and FIBERWEB, INC., )
Defendants. l
)
— THIRD AMENDED SCHEDULING ORDER
It is ORDERED that:
l. Joiuder of Other Parties. All motions to join other parties shall be filed on or before
June I5, 2007.
2. Discovery.
(a) Exchange and completion of contention interrogatories, and identification of
fact 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) Maximum of 50 requests for admissions by each side.
(e) Maximum ot`12 depositions by plaintift`(s) and 12 by det`endant(s), excluding
expert depositions. Depositions shall not commence until the discovery required by paragraph
3(a, b and c) is completed.

Case 1:06-cv-OOO77—JJF Document 41 Filed O3/O1/2007 Page 2 of 3
(D 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 December 17, 2007, with rebuttal
reports due January 18, 2008.
(g) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than thirty (30) days from receipt of said expert’s report, unless otherwise
agreed in writing by the parties or ordered by the Court.
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 mot.ions 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 February
15, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be
filed more than ten (I0) days from the above date without leave ofthe Court. The Court will
issue a separate Order regarding procedures for tiling summary judgment motions. _
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6. Markman. A Markman Hearing will be held on September 18, 2007. Briefing on
the claim construction issues shall be completed at least ten (10) business days prior to the
hearing. 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 of
the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of Civil
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Case 1:06-cv-OOO77—JJF Document 41 Filed O3/O1/2007 Page 3 of 3
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 7.1.1. Parties may tile stipulated and unopposed Orders with the Clerk of the 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.
(cl) Any party with a true emergency matter requiring the assistance of the Court
shall e-mail Chambers at: j [email protected]. The e-mail shall provide a short statement
describing the emergency.
8. Pretrial Conference and Trial.
by {lO@a to
a) A Pretrial Conference will be held on May 3, 2008,
gi ——-. .¤.-.» ••¤fl¤F*"TW“**‘*‘"·" ‘»T»""=·*’“”°€¤'?””":··‘a·£*· ···· *:•2··";*§· ‘ · . 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) shall govern the pretrial
conference;
b) Trial will be scheduled at the Pretrial Conference to commence within 120 days of the
pretrial conference. Counsel should be available during the 120 day period for trial.
SO ORDERED this day of J 007.
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UNI ST S I TRICT COURT E
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