Free Letter - District Court of Delaware - Delaware

Case 1 :06-ov—00039-SLB Document 14 Filed 06/30/2006 Page 1 of 4
RAYNES MCCARTY
TRIAL ANU APPELLATE LA\Y/YERS
Gerald A. McHugh, Jr.
Direct Dial: 215-255-4445
gamclrugh(EDraynes111ccartw·.cotn @ © @ [I W §
June 29, 2006
Juv a 0 2006
The Honorable Sue L. Robinson
J. Caleb Boggs Federal Building U%U§ E
844 North King Street ' '
Room 6124
Lockbox 31
Wilmington, DE 19801
Re: Murray v. Vail Products, Iuc.
Civ. N0. 06-039
Dear Judge Robinson:
With this letter I am enclosing a hard copy of the Proposed Order goveming scheduling of
the case.
I believe that it comports with the agreement of counsel entered during our telephone
conversation on Tuesday.
I am forwarding the proposed order by mail, because I have learned that until I am
certified by the Clerk, I am unable to submit an electronic filing. Unfortunately, our local
counsel, Bart Dalton, is traveling. Rather than delay matters, I thought it best to communicate by
mail.
We will take the appropriate steps to make certain that future submissions to the court can
be made electronically as well. On behalf of both parties, thank you for your consideration
during our recent status conference.
Respectfully yours,
r I ,/I A
/1 /A/·"' % /
GERALD A. McI·lUGI·I, JR.
GAM/pc
Enclosure
cc: Fred B. Buck, Esquire
Reply to Rittenhouse Square:
1845 Walnur Street, 20‘h Floor. l 16 White Home Pike
Philadelphia, PA 19103 Haddon Heights, N] 08055
(215) 568-6190 • Fax (215) 988-0618 (856) 854-1556
wwwraynesmccarry.com °

Case 1:06-cv—00039-SLR Document 14 Filed 06/30/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANNA MURRAY, )
Plaintiff, )
) Civ. No. 06-039
v- I
)
"\/AIL PRODUCTS, INC., )
Defendant. )
PROPOSED ORDER
At Wilmington this day of 2006 , the parties having satisfied
their obligations under Fed. R. Civ. P. 26(D, and the court having conducted a pretrial scheduling
conference pursuant to Fed. R. Civ. P. I6 and D. Del. LR l6.2(a) and (b) .
IT IS ORDERED that:
l. Pre—Discovery Disclosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(l) and D. Del., LR I6.2.
2. Discovery.
(a) Discovery will be needed on the following subjects: (brief description of
subjects on which discovery will be needed). This case involves the death ofa 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 thc design ofthe 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 14 Filed 06/30/2006 Page 3 of 4
(d) Maximum of 500 requests for admission by each party to any other party.
(e) Maximum of 12 depositions by plaintiff and I0 by defendant.
(f) Each deposition limited to a maximum of`6 hours unless extended by
agreement of parties.
(S) Reports from retained experts under Rule 26(a)(2) on issues for which any
party has the burden of proof due by l/31/07. 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 ofdiscovery, 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/ l /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 filed more than ten (I0) days from the above date
without leave of the court.
6. Applications by Motion. Any application to the court shall be by written motion
filed 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 14 Filed 06/30/2006 Page 4 of 4
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 filed on or bef`ore 8/27/07.
All responses to said motions shall be filed 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 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. For
purposes ol`cornpleting pretrial preparations. the parties should plan on being allocated a total
number of hours in which to present their respective cases.
T"T""”iiTii Ei@E
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