Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :05-cv-00216-JJF Document 8 Filed 1 1/30/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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THE STANDARD FIRE INSURANCE COMPANY
a/s/o Gold Coast Cruising Corp. and CIVIL ACTION
Dewey Lynch,
IN ADMHQALTY
Plaintiff,
- against-
C.A. No. 05-216 (JJF)
SOUTHERN DELAWARE TOWING &
SALVAGE d/b/a DELMARVA TOWING &
SALVAGE
Defendant.
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RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. Plaintiff has served its Fed. R. Civ. P. 26(a)(l) and
D. Del. LR 16.2 disclosure statement and Defendant. will serve same by December 10, 2005.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before December 30, 2005. A
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. lf the
parties agree that they would benefit from a settlement conference, the parties shall contact
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Case 1:05-cv-00216-JJF Document 8 Filed 11/30/2005 Page 2 of 4
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than
the Pretrial Conference or a date ordered by the Court.
4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by Februag; 24,
Elm.
(b) Maximum of twenty (20) interrogatories by each party to any other party.
(c) Maximum of twenty-five (25) requests for admission by each party to any
other party.
(d) Maximum of _fg;_(§_) depositions by plaintiff and tl1_g:g_(3) by defendant.
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed.
(e) Repons from retained experts required by Fed. R. Civ. P. 26(a) (2) are due
tiom the plaintiff by April 28, 2006; from the defendant (s) by May 19, 2006.
(f`) Any party desiring to depose an expert witness shall notice and complete
said deposition no later than thirty (30) days from receipt of said expert’s report, unless otherwise
agreed in writing by the parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide
shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure and
Local Rule 37.l. Said motion shall not exceed a total of four (4) pages. An Answer to the Rule
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Case 1:05-cv-00216-JJF Document 8 Filed 11/30/2005 Page 3 of 4
37 motion, not to exceed four (4) pages, shall be filed within five (5) days of service of the
motion. No reply is permitted.
(b) All papers shall set forth in a plain and concise manner the issue (s) in
dispute, the party’s position on the issue (s), and the reasons for the party’s position.
(c) Upon receipt ofthe Answer, the movant shall notify Chambers by e-mail
at jjf civil(n>dcd.uscourtd.gov that the parties have completed briefing.
(d) Upon receipt of the movant’s e-mail, the Coun will determine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may be tile,
unless otherwise by Court. A
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before March 10, 2006.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and filed with an opening brief on or before ligllg,
gig. Brieiing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed
more than ten (10) days from the above date without leave ofthe Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the Clerk of
the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of Civil
Procedure and the Local Rules of Civil Procedure and the Local Rules of Civil Practice for the
United States District Court for the District of Delaware (Amended Effective January 1, 1995).
Any non-dispositive motion shall contain the statement required by D. Del. LR 7.1. Briefs shall
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Case 1:05-cv-00216-JJF Document 8 Filed 11/30/2005 Page 4 of 4
be limited to no more than ten (10) pages. Parties may file stipulated and unopposed Orders with
the Clerk of the Court for the Court’s review and signing. The Court will not consider
applications and requests submitted by letter or in a form other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of the
Court shall e-mail Chambers at: j if civil(cDded.uscourts.gov. The email shall provide a short
statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties` Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date should be scheduled when the
Scheduling Order is entered or at the Pretrial Conference. lf scheduling of the trial date is
deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a
trial to be held within sixty (60) to ninety (90) days ofthe Pretrial Conference.
PALMER BIEZUP & HENDERSON LLP WILSON HAI-BROOK & BAYARD
By: /s/ Michael B. McCauley By: /s/ Eric C. Howard
1223 Foulk Road 107 W. Market Street
Wilmington, DE 19803 P.O. Box 690
(302) 594-0895 Georgetown, DE 19947
(302) 478-7625 (fax) (302) 856-0015
DATE i `· D as ¤ srarcr couar Uociz
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