Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv—00923-SLR Document 7-2 Filed 03/06/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CHARLES TERRY and :
ALICE TERRY, 2
: CIVIL ACTION NO. : l :05-cv-00923
Plaintiffs, :
v.
WALTON E. STONE and
WERNER ENTERPRISES, INC., :
Defendants.
At Wilmington this day of , 2006, the parties having satisfied
their obligations under Fed. R. Civ. P. 26(i), and the court having conducted a pretrial
scheduling conference pursuant to Fed. R. Civ., P. 16 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that;
1. Pre-Discovery Disclosures. The parties will exchange by March 3, 2006 the
information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects Plaintiff will take the
deposition of the defendant, Walton Stone .The plaintiff may take any depositions and/or
discovery based upon the information obtained from the depositions and interrogatories
directed to the employer and driver.
Defendants will depose plaintiff and may depose others depending upon
discovery.
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(b) All Discovery shall be commenced in time to be completed by October 1,
2006.
(c) Maximum of .50 interrogatories by each party to any other party.
(d) Maximum of 25 requests for admission by each party to any other party.
(e) Maximum of 5 depositions by plaintiff and 5 by defendant.
(t) Each deposition limited to a maximum of 3 hours unless extended by
agreement of the parties.
(g) Reports from retained experts under Rule 26(a) (2) by the plaintiff will due by
June 15, 2006. Defendants' expert reports are due by August 15, 2006 and rebuttal
reports are due by August 30, 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 the deposition
and disputes related to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleading, and Class Certification.
All motions to join other parties, amend the pleadings, and certify a class action shall be
tiled on or before May 1, 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. Application by Motion. Any application to the court shall be by written
motion tiled with the clerk. Unless other wise requested by the court, counsel shall not
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deliver copies of papers or correspondence to chambers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1,
6. Motions in Limine. All motions in limine shall be filed on or before October
18, 2006 before pretrial conference. A11 responses to said motions shall be filed on or
before October 25, 2006 pretrial conference.
7. Pretrial Conference. A pretrial conference will be held on November 1, 2006 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. ‘
8. Trial. This matter is scheduled for a jury trial commencing on November 15,
2006 in courtroom 62, 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.
Sue L. Robinson
United States District Judge
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