Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-cv-00055-GMS

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TESLA INDUSTRIES, INC., a Delaware Corporation, Plaintiff, v. DAVID C. WALDMANN, LYNDOL W. HOLLINGSWORTH, CHARLES MINNICK a/k/a CHUCK MINNICK, and NEW MILLENNIUM TOOLS, INC., an Oregon Corporation, Defendants. : : : : : : : : : : : : : :

C.A. No.06-55

UNDER SEAL

SCHEDULING ORDER

This ___ day of May 2006, the Court having conducted a Rule 16 Scheduling Conference pursuant to Local Rule 16.2(b) on May 9, 2006, and the parties having determined after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation or binding arbitration; IT IS ORDERED that: 1. Rule 26(a) Initial Disclosures: Unless otherwise agreed to by the parties, they

shall make their initial disclosures pursuant to Federal Rules of Civil Procedure 26(a) on or before June 23, 2006. Discovery may proceed prior to the provision of the initial disclosures. 2. Joinder of other Parties and Amendment of Pleadings: Motions to join other

parties and amend the pleadings shall be filed on or before August 15, 2006. 3. Discovery: All discovery in this case shall be initiated so that it will be completed

on or before the following dates: Fact Discovery Completion Date: November 30 2006

Rule 26(a)(2)(C) Case-in-Chief Expert Disclosures: December 29, 2006

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Rule 26(a)(2)(C) Rebuttal Expert Disclosures: Expert Discovery Completion Date:

January 19, 2007 February 28, 2007

a. Discovery and Scheduling Matters: Should counsel find they are unable to resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at (302) 573-6470 to schedule a telephone conference. Not less than forty-eight hours prior to the teleconference, the parties shall file with the court, via electronic means (CM/ECF), a joint, nonargumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute. A sample letter can be located on this court's website at www.ded.uscourts.gov. Should the court find further briefing necessary upon conclusion of the telephone conference, unless otherwise directed, the party seeking relief shall file with the court a TWO PAGE LETTER, exclusive of exhibits, describing the issues in contention. The responding party shall file within five (5) days from the date of service of the opening letter an answering letter of no more than TWO PAGES. The party seeking relief may then file a reply letter of no more than TWO PAGES within three (3) days from the date of service of the answering letter. 4. Confidential Information and Papers filed under Seal:

The parties intend to, and are under direction from the Court to, attempt to enter into a confidentiality agreement and/or protective order. If, after making a diligent effort, the parties are unable to agree on the contents of the joint, proposed protective order, then they shall follow the dispute resolution process outlined in paragraph 3(a). 5. Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is referred to the

United States Magistrate for the purpose of exploring the possibility of a settlement. If the parties

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agree that the possibility of settlement may be enhanced by such referral, the parties shall contact Magistrate Judge Thynge to schedule a settlement conference with counsel and clients. 6. Case Dispositive Motions: All case-dispositive motions and an opening brief and

affidavits, if any, in support of the motion shall be served and filed on or before December 14, 2006. Briefing will be presented pursuant to the court's Local Rules, unless the parties agree to an alternative briefing schedule. Any such agreement shall be in writing and filed with the Court for the Court's approval. Any request for extensions of time as set forth in this Scheduling Order must be accompanied by an explanation or your request will be denied. 7. Applications by Motion: Except as provided in this Scheduling Order or for

matters relating to scheduling, any application to the Court shall be by written motion filed, via electronic means (CM/ECF). Unless otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to Chambers. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1. 7. Oral Argument. If the Court believes that oral argument is necessary, the Court

will schedule a hearing Pursuant to Local Rule 7.1.4. 8. Pretrial Conference: On May 21, 2007 at 9:30 a.m., the Court will hold a

Pretrial Conference in chambers with counsel. Unless otherwise ordered by the Court, the parties should assume that filing the Pretrial Order satisfies the pretrial disclosure requirement in Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the court the Joint Proposed Final Pretrial Order with the information required by the form of Final Pretrial Order. A sample form of Pretrial Order can be located on this court's website at www.ded.uscourts.gov. 9. Trial; This matter is scheduled for a Five (5) day jury trial beginning at 9:00 a.m.

on June 4, 2007.

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10.

Scheduling: The parties shall contact chambers, at (302) 573-6470, only in

situations where scheduling relief is sought and only then when ALL participating counsel is on the line for purposes of selecting a new date.

________________________________ GREGORY M. SLEET UNITED STATES DISTRICT JUDGE

Copies to Counsel

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CERTIFICATE OF SERVICE

I hereby certify that on May 16, 2006, I caused one copy of the foregoing document to be served upon the persons listed below in the manner indicated:

VIA E-MAIL & FIRST CLASS MAIL John A. Adams, Esq. Susanin Widman & Brennan, P.C. 455 S. Gulph Road, Suite 240 King of Prussia, PA 19406 Louis S. Mastriani, Esq. Rodney R. Sweetland, III, Esq. David F. Nickel, Esq. Adduci,Mastriani & Schaumberg, LLP 1200 Seventeenth Street, N.W. Fifth Floor Washington, DC 20036-3006

VIA HAND DELIVERY John D. Demmy, Esq. Stevens & Lee, P.C. 1105 North Market Street, 7th Floor Wilmington, DE 19801 Steven J. Balick, Esq. John G. Day, Esq. Lauren E. Maguire, Esq. Ashby & Geddes 222 Delaware Avenue, 17th Floor Wilmington, DE 19801

____________ Brian A. Sullivan (#2098)