Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :06-cv-00065-SLR Document 9 Filed 05/17/2006 Page 1 of 3
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I IN TIIE UNITED STATES DISTRICT COURT _ 5
g . FOR THE DISTRICT OF DELAWARE I
GARY BAER AND J ODI BAER, )» I
PIBIIIICIHS, . g l ·
v. ‘ g Civ. No. 06-065-SLR h
THE UNITED STATES OF AMERICA, g n ·` -
Defendant. g ` E
· 0 R D E R _
I At Wilmington this I E1 7**- day of W n 2005 the parties having
satisfied their obligations under Fed. R, Civ. P. 26(f), and the court having conducted a pretrial
I scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that: _ . I
1. Pre-Discovery Disclosures. The parties will exchange by May 24, 2006 the ·
information required by Fed.- _R. Civ. P. 26(a)(1) and D. Del. LR 16.2. I
2. Discovery. _ _ I I
_ (a) Discovery will be needed on the following subjects: Damages and liabilig;.
(b) All discovery shall be commenced in time to be completed by I
2007 or lgnger depending on trial date. n I
(c) Maximum of_§_ interrogatories by each party to any other party. n
(d) ' Maximum of A requests for admission by each party to any other party. i
_ (e) Maximum of __; depositions by plaintiff and j_ by defendant. I
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Case 1:06-cv-00065-SLR Document 9 Filed 05/17/2006 Page 2 of 3
(t) Each deposition [other than 0fP1ai11titTQa;y Baer and treating p`hgicians|
i limited to a maximum of L hours unless extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a) (2) on issues for which any
party has the burden of proof due by November 1, 2006. Rebuttal expert reports due by
(h) 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) I
Rule 37 motions. The court shall make itself available, however, to resolve through a telephone I
conference, disputes that arise dufing the course of a deposition and disputes related to entry of a p
protective order. _
3. Joinder of other Parties, Amendment to Pleadings, and Class Certification. All
motions to join other parties, amend the pleadings, and certify a class action shall be Bled on or
before August 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 I
tiled with an opening brief on or before February 1, 20QfZ. Briefing shall be pursuant to D. Del. LR
7.1.2. No summary judgment motion may be Bled more than ten (10) days from the above date E
without leave ofthe court.
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Case 1 :06-cv-00065-SLR Document 9 Filed 05/17/2006 Page 3 of 3
" 6. Applications by ll/lotion. Any application to the court shall be by written motion p B A
tiled with the clerk. Unless otherwise requested by the court, counsel shall not deliver copies of E
papers of correspondence to chambers. Any non-dispositive motion shall contain the statement I
required by D. Del. LR 7.1.1. n n
. Motions in Limine. All motions m limme shall be tiled on or before
[two weeks b ore pretrial conference]. All responses to said motions shall be ii on or before I
[one week before pr rial conference].
8. Pretrial Con ence. A pretrial conference wi e held on at
gilt/l°U rn. in co m 6B, sixth r Federal Building, 844 King Street,
Wilmington, Delaware. The Federal Rules 0 ` Procedure and D. Del. LR 16.4 shall govern the
pretrial conference. . _ n - n E
' 9. Trial. This ma is scheduled for a [day ck] benchfjury trial commencing on
in courtroom 6B, sixth floor Fed Building, 844 King Street,
Wilmington, D ware. For purposes of completing pretrial preparations, th arties should plan on Q
being a catedna total number of hours in which to present their respective cases.
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