Free Proposed Order - District Court of Delaware - Delaware

Case 1 :05-cv-00918-SLR Document 8 Filed 07/28/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHARLES CARL, )
Plaintiff, g
v. g Case No.: 05-918-SLR
MBNA AMERICA BANK, N.A., g
Defendant. 5
PROPOSED SCHEDULING ORDER
This day of _______________, 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. l6 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by August I l,
2006 the information 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: how Plaintiff s
employment ended and whether Defendant has any liability in connection with his separation
from employment, the nature and extent of Plaintiffs medical conditions and disabilities, his
treatments and medications, and the exact nature of Plaintiff’ s and/or his disability case
worker’s alleged requests for an accommodation.
(b) All discovery shall be commenced in time to be completed by
February 23, 2007.

Case 1:05-cv—00918-SLR Document 8 Filed 07/28/2006 Page 2 of 4
(c) Maximum of 30 interrogatories by each party to any other party.
(d) Maximum of 30 requests for admission by each party to any other
panty-
(e) Maximum of 10 depositions by plaintiff and 10 depositions by
defendant.
(i) Each deposition other than of the parties will be limited to a maximum
of 7 hours on the record unless extended by agreement of parties or by leave of Court.
(g) Reports from retained experts under Rule 26(a)(2) on issues for which
any party has the burden of proof due by October 15, 2006. Rebuttal expert reports due by
December 22, 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. V
3. J oinder 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 tiled on or before August ll, 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.
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Case 1:05-cv—00918-SLR Document 8 Filed 07/28/2006 Page 3 of 4 A
5. Summary Judgment Motions. All summary judgment motions shall be
served and filed with an opening brief on or before March 23, 2007. Briefing shall be
pursuant to D. Del. LR 7.1.2. No summary judgment motion may be filed 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 filed with the clerk. Unless otherwise requested by the court, counsel shall not
deliver copies of 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 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 __m. in Courtroom No. 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 jury trial commencing on
_________________ in Courtroom No. 6B, Sixth Floor Federal Building, 844 King Street,
Wilmington, Delaware. For purposes of completing pretrial preparations, the parties
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Case 1:05-cv—00918-SLR Document 8 Filed 07/28/2006 Page 4 of 4
should plan on being allocated a total number of hours in which to present their respective
cases.
/s/ Gary W. Aber
Gary W. Aber, Esquire (No. 754)
Aber, Goldlust, Baker & Over
702 King Street, Suite 600
P.O. Box 1675
Wilmington, DE 19899-1675
Attorneys for Plaintiff
/s/ Sheldon N. Sandler
Sheldon N. Sandler, Esquire (No. 245)
Yotmg Conaway Stargatt & Taylor, LLP
The Brandywine Building, 17th Floor
1000 West Street
P.O. Box 391
Wilmington, DE 19899-0391
Telephone: (302) 571-6673
Facsimile: (302) 576-3330
Email: [email protected]
and
/s/ Elena D. Marcus
Elena D. Marcuss, Esquire
McGuire Woods LLP
7 St. Paul Street, Suite 1000
Baltimore, MD 21202
Telephone: (410) 659-4400
Facsimile: (410) 659-4547
Email: [email protected]
Attorneys for Defendant
DATED: July 28, 2006
SO ORDERED this day of , 2006
United States District Judge
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