Free Scheduling Order - District Court of Delaware - Delaware

Case 1:06-cv-OOO51-JJF Document 7 Filed O4/12/2006 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
JAMES G. GILLILAND, )
Plaintiff, i
v. g C. A. No. 06-5 l-JJF
PROVIDENCE CREEK SERVICES, g
LLC, a )
Delaware corporation, )
Defendaitt. i
O R D E R
The parties having satisfied their obligations under Fed. R. Civ. P. 26(U,
IT IS ORDERED that;
1. Pre——Discovery Disclosures. The parties will exchange by April I7.
@6 the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR l6.2.
2. Joindcr of other Parties. All motions to join other parties shall be
filed on or before May l, 2006.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge Thyngc for the purposes of exploring the possibility of a
settlement. If the parties agree that they would benefit from a settlement conference, the
parties shall contact Magistrate Judge Thynge to schedule a settlement conference so as to
be completed no later than the Pretrial Conference or a date ordered bythe Court.
4. Discovery.
(a) Exchange and completion of itttetrogatories, itlentification of
all fact witnesses and document production shall be commenced so as to be completed by
September 15, 2006.

Case 1:06-cv-OOO51-JJF Document 7 Filed O4/12/2006 Page 2 of 4
(b) iviaxinium of QQ interrogatories by each party to any other
party.
(c) Maximum 0flQ requests for admission by each party to any
other party.
(d) Maximum of Q depositions by plaintiff and Q by defendant.
Dcpositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed.
(e) Reports frotii retained experts required by Fed. R. Civ. P.
26(a)(2) are due from the plaintiff by October I6, 2006, from the defendant by November
lo. 2006.
(i) Any party desiring to clepose an expert witness shall notice and
complete said deposition no later than tlrrty (30) days from receipt of said expert’s report,
unless otherwise agreed in writing by tlwiarties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing pztrly refuses to
provide shall tile a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) pages. An
Answer to the Rule 37 motion, not to exceed four (4) pages, shall be filed within five (5)
days ofservice of the motion. No reply is permitted.
(b) All papers shall set forth in a plain and concise manner the
issue(s) in dispute, the pa1ty’s position on the issue(s), and the reasons for thc party’s
position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by
c—mail at [email protected]· that the parties have completed briefing.
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Case 1:06-cv-OOO51-JJF Document 7 Filed O4/12/2006 Page 3 of 4
(d) Upon receipt of the movant’s e-mail, the Court will determine
whether a conference is necessary and advise the panics accordingly.
(e) There is no limit on the number of Rule 37 motions a party may
tile, unless otlterwise ordered by the Court.
6. Amendment of the Plcatlings. All motions to amend the pleadings
shall be tiled on or before October 16, 2006.
7. Case Dispositive Motions. Any case dispositive motions, pursuant
to the Federal Rules of Civil Procedure, shall be served and tiled with an opening briefon or
before November 30, 2006. Brieling shall be pursuant to D. Del. LR 7.1.2. No case
dispositive motion may be filed more than ten (1) days from the above date without leave of
the Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed
with the Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and thc
Local Rules of Civil Practice for the United States District Court for the District of Delaware
(Amended Effective January l, l995). Any non—dispositive motion shall contain the
statement required by D. Del. LR 7.1.l. Parties may file stipulated and ttnopposed Orders
with the Clerk ofthe Court for the Coun’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: jjt;[email protected]. The c-mail shall
provide a short statement describing the emergency.
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Case 1:06-cv-OOO51-JJF Document 7 Filed O4/12/2006 Page 4 of 4
9. Pretrial Conference and Trial. The Court will schedule E1 Prelrizxl
Conl`ere11ce and Trial after reviewing the parties` Proposed Scheduling Order.
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