Free Scheduling Order - District Court of Delaware - Delaware

Case 1:06-ev—00039-SLR Document 15 Filed 07/14/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANNA MURRAY, )
Plaintiff`, )
) Civ. N0. 06-039
v. )
)
\//\II. PRODUCTS, INC., )
Defendant. )
PROPOSED ORDER
At Wilmington this Hllday 0f M 2006 , the parties having satisfied
their obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling
conference pursuant to Fed. R. Civ. P. I6 and D. Del. LR I6.2(a) and (b) .
l'l` IS ORDERED that:
l. Pre—Discovery Disclosures. The parties have exchanged the information
required by Ped. R. Civ. P. 26(a)(l) and D. Del., LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects; (briefdescription of
subjects on which discovery will be needed). This case involves the death of a young boy
allegedly due to entrapment in a Vail Enclosed Bed System. Discovery will be necessary on
a variety of subjects including engineering, design, manufacturing, FDA compliance and
prior claims history, which, to date, includes at least 7 other deaths, allegedly attributable
to the design of the bed. Discovery may also be required on issues relating to a statute of
limitations defense.
(b) All discovery shall be commenced in time to be completed by 12/31/06.
(c) Maximum of 150 interrogatories by each party to any other party.

Case 1:06-cv—00039-SLR Document 15 Filed 07/14/2006 Page 2 of 3
(d) Maximum of 500 requests for admission by each party to any other party.
(e) Maximum of 12 depositions by plaintiff and l0 by defendant.
(f) Each deposition limited to a maximum oi`6 hours unless extended by
agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues ibr which any
party has the burden of proof due by 1/3I/07. Rebuttal expert reports due by 2/28/07.
(h) Discovery Disputes. Any discovery dispute shall be submitted to the
court pursuant to Fed. R. Civ. P. 37. During the course ofdiseovery, 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. Joinder of other Parties, Amendment of Pleadings, and Class Certification.
All motions to join other parties, amend the pleadings, and certify a class action shall be filed on
or before 8/1/06.
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 filed with an opening brief on or before 3/15/07. Briefing shall be pursuant to D. Del. LR
7.1.2. No summary judgment motion may be tiled more than ten (10) days from the above date
without leave of the court.
6. Applications by Motion. Any application to the court shall be by written motion
tiled with the clerk. Unless otherwise requested by the court, counsel shall not deliver copies of
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Case 1:06-cv—00039-SLB Document 15 Filed 07/14/2006 Page 3 of 3
papers or correspondence to chambers. Any non-dispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions in limine shall be tiled on or before 8/27/07.
All rcsponses to said motions shall bc liled on or before 9/4/07.
8. Pretrial Conference. A pretrial conference will be held on 9/11/07 at 4:30 p.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.
9. Trial. This matter is scheduled for a one week jury trial commencing on 9/24/07
in courtroom 613, sixth floor Federal Building, 844 King Street. Wilmington, Delaware. For
purposes ofcompleting pretrial preparations, the parties should plan on being allocated a total
number ofhours in which to present their respective cases.
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