Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-cv-00029-SLR Document 7 Filed 05/05/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RlM.i\/{AX WHEELS, LLC, a Delaware limited i
liability company,
Plaintiff, 1
v. i C.A. No. 06-029 (SLR)
RC COMPONENTS, INC., a Kentucky 1
corporation, g
Defendant.
ORDER
At Wilmington this ___W_w day of , 2006, the parties
having satisfied their obligations under Fed. R. Civ. P. 26(t), and the Court having conducted a
pretrial scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR l6.2(a) and (ln).
IT IS ORDERED THAT:
1. Pre·—Discovery Disclosures. The parties have exchanged the infomation
required by Fed. R. Civ. P. .26(a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subj ects:
—— Any agreement between the parties on the creation, design,
manufacture, cost of inventory and production of the spinners; and
e Amounts owing from the order, inventory build up,
and manufacture of the spinners, including any other damages.
(b) All discovery shall be commenced in time to be completed by
October 2, 2006.

Case 1:06-cv-00029-SLR Document 7 Filed 05/05/2006 Page 2 of 3
(c) Maximum of 40 interrogatories by each party to any other party.
(d) l\/laximum of 40 requests for admission by each party to any other
party.
(e) Maximum of l0 depositions by plaintiff and l0 by defendant.
(t) Each deposition is limited to a maximum of S hours except for
Marc Mathis, Mike Rivers and Rick Ball, whose depositions are limited to a maximum of l6
hours unless extended by agreement of parties.
(g) Reports trom retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by November l, 2006. Rebuttal expert reports due
by December l, 2006.
(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 of Pleaclings and Class
Certification. All motions to join other parties, amend the pleadings, and certify a class action
shall be tiled on or before October 2, 2006.
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 December l, 2006. Briefing shall be
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Case 1:06-cv-00029-SLR Document 7 Filed 05/05/2006 Page 3 of 3
pursuant to D. Del. LR 7.1.2. No summary judgment niotion may be tiled more than ten (10)
days from the above date without leave ofthe 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 papers or correspondence to chambers. Any nomdispositive motion shall contain the
statement required by I}. Del. LR 7.1.1.
7. Motions in Lirnine. All motions in fimine 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 _______ ni. in Courtroom 6B, Sixth Floor Federal Building, 844 King
Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del. LR l.6.· govern the pretrial conference.
9. Trial. This matter is scheduled for a {day/week] benchriury 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.

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