Free Proposed Order - District Court of Delaware - Delaware

Case 1 :06-cv-00065-SLR Document 8 Filed 05/1 1/2006 Page 1 of 3
· h IN THE UNITED STATES DISTRICT COURT _
. FOR THE DISTRICT OF DELAWARE
GARY BAER AND J ODI BAER, ) A
Plaintiffs, 1 l Q
v. ` g Civ. No. 06-065-SLR
THE UNITED STATES OF AMERICA, g I I
Defendant. g I
0 R D E R p
At Wilmington this day of I 200_, the parties having
satisfied their obligations under Fed. R. Civ. P. 26(t), and the court having conducted a pretrial
h 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 May 24, 2006 the F
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2. I
2. Discovery. _
(a) Discovery will be needed on the following subjects: Damages and liability.
(b) All discovery shall be commenced in time to be completed by Februg l,
2007 or longer dgpending on trial date. I
(c) Maximum of L interrogatories by each party to any other party.
(d) ` Maximum of L requests for admission by each party to any other party.
(e) Maximum of L depositions by plaintiff and L by defendant. h

Case 1 :06-cv-00065-SLR Document 8 Filed 05/1 1/2006 Page 2 of 3
(t) Each deposition [other than of Plaintiff Gy; Baer and treating physicians]
limited to a maximum of L hours unless extended by agreement of parties. I
(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 Jangy 1,
(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)
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. J oinder 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 tiled on or
before Auggst l, 2006.
4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to
Magistrate Judge Thyngc 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 Februgjy 1, 2007. Briefing shall be pursuant to D. Del. LR
7.1.2. No summary judgment motion may be filed more than ten (10) days from the above date
without leave of the court.
2

Case 1 :06-cv-00065-SLB Document 8 Filed 05/1 1/2006 Page 3 of 3
6. Ailplications by Motion. Any application to the court shall be by written motion I
tiled with the clerk. Unless otherwise requested by the court, counsel shall not deliver copies of
papers of correspondence to chambers. Any non-dispositive motion shall contain the statement
required by D. Del. LR 7.1.1. 7
7. Motions in Limine. All motions g @1; shall be filed on or before
[two weeks 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 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. I -
` 9. Trial. This matter is scheduled for a [day/week] bench/jury trial commencing on
in courtroom 6B, sixth floor Federal Building, 844 King Street,
Wilmington, Delaware. 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.