Free Proposed Order - District Court of Delaware - Delaware

Case 1 :05-cv—00879—SLFt Document 1 17 Filed 07/24/2006 Page 1 of 4
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION &. )
PIKE ELECTRIC, INC., )
Plaintiffs, l
v. )
) C.A. No. 05-879 (SLR)
MICK DUBEA, )
Defendant. l
PROPOSED AMENDED SCHEDULIN G ORDER
WHEREAS, the parties, having satisfied their obligations under Fed. R. Civ.
P. 26(l`), and the Court having conducted a pretrial scheduling conference on
January 18, 2006 pursuant to Fed. R. Civ. P. 16 and D. Del. L.R. 16.2(a) and (b), and
having entered a Proposed Stipulated Scheduling Order on March 1.3, 2006;
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange the
infomation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2 by
February 24, 2006.
2. Discovery.
(a) All fact discovery shall be completed by June 30, 2006,
with depositions beginning on or after April 3, 2006. There shall be no
more than twelve depositions noticed by each party, with each deposition
taking no more than seven hours.
(b) Reports from retained experts under lied. R. Civ. P.
26(a)(2) on issues for which any party has the burden of proof are due by
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Case 1:05-cv—00879—SLFl Document 117 Filed 07/24/2006 Page 2 of 4
July 7, 2006. Rebuttal expert reports are due by Juiy 31, 2006.
(c) Expert depositions shall be completed by August 14,
2.006.
(d) Any discovery dispute shall be submitted to the Coun;
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. Joindcr of other Parties, Amendment of Pleadings and
Countercloims. All motions to join other parties, amend the pleadings and assert
counterclaims shall be filed on or before July 18, 2806.
4. Settlement Conference. Pursuant to 28 l.l.S.C. § 636, this matter
is referred to Magistrate Judge Thynge for the purposes of exploring ADR.
5. 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
nondispositive motion shall contain the statement required by I}. Del. LR
7.1.1.
6. Motions in Limine. All motions Q3 lirraine shall be tiled on or
before August 18, 2006. All responses to said motions shall be filed on or before
August 25, 2006.
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Case 1:05-cv—00879—SLFi Document 117 Filed 07/24/2006 Page 3 of 4
7. Witnesses, Exhibits and Deposition Designations
(a) By August 8, 2006, each party shall serve:
(i) A list of`i"act witness previously disclosed during
discoveryand intended to be called at trial;
(ii) A list ot` intended trial exhibits;
{iii) Deposition designations tor use at trial.
(b) By August I5, 2006, each party shall serve:
(i) A list of rebuttal fact witnesses;
(ii) Any objections to lists of fact witnesses, intended
trial exhibits, and deposition designations;
(iii) Counter deposition designations.
(c) By August 21, 2006, each party shall serve any objections
to counter deposition designations.
(cl) By August 25, 2906, depositions must be taken of fact
witnesses not previously deposed and intended to be called at trial
8. Joint Pretrial Order. The parties will file ajoint pretrial order,
pursuant to D. Del. L.R. 16.4, by August 31, 2006.
9. Pretrial Conference. A pretrial conference will be held on
September 7, 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.
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Case 1:05-cv—00879—SLR Document 117 Filed 07/24/2006 Page 4 of 4
10. Trial. This matter is scheduled for a 5-day bench trial
commencing on September 18, 2006 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}
IT IS SO ORDERED
UNITED STATES DISTRICT JUDGE
Dated:
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