Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv-00023-JJF Document 35 Filed 11/14/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DOW CHEMICAL CANADA INC. on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, )
)
Plaintiff, )
)
v. )
)
HRD CORPORATION (dfb/a Marcus Oil & )
Chemical) ) Case No. 05-023 (JJF)
)
Defendant, Counterclaim Plaintiff, )
)
v. )
)
DOW CHEMICAL CANADA [NC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, and THE DOW CHEMICAL )
COMPANY, )
)
Counterclaim Defendants )
)
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f), I
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by November 9,
2005 the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2. 3
2. Joinder of other Parties. All motions to join other parties shall be tiled i
on or before the later of (i) February 20, 2006, or (ii) 30 days after the Court rules on the pending
motions to dismiss.
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.

Case 1:05-cv-00023-JJF Document 35 Filed 11/14/2005 Page 2 of 4
lf the parties agree that they would benelit from a settlement conference, the parties shall contact
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) Fact discovery shall be completed by the later of (i) May 19, 2006,
or (ii) if parties are added or pleadings are amended, 60 days alter the addition of the party or
parties or amendment ofthe pleadings.
(b) Maximum of 25 interrogatories by each side.
(c) Maximum of 50 requests for admission by each side.
(d) Maximum of 10 fact depositions by plaintiff(s) and 10 by
defendant(s). Depositions shall not commence until document production is substantially
complete.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from each party on issues on which it bears the burden of proof on the later ot` (i) June 9,
2006, or (ii) 20 days after the close of fact discovery. The parties will exchange responsive j
expert disclosures on the later of (i) July 10, 2006, or (ii) 28 days after Fed. R. Civ. P. 26(a)(2) l
disclosures. The parties will exchange rebuttal expert disclosures on the later of (i) July 31,
2006, or (ii) 21 days after responsive expert disclosures.
(l) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than (i) September 1, 2006, or (ii) 30 days after rebuttal expert R
disclosures. `
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Case 1:05-cv-00023-JJF Document 35 Filed 11/14/2005 Page 3 of 4
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 37 motion, not to exceed four (4) pages, shall be filed within tive (5) days of service ofthe
motion. No reply is permitted.
(b) All papers 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 of the Answer, the movant shall notify Chambers by
e-mail at [email protected]·t.s.gov that the parties have completed briefing.
(d) Upon receipt of the movant’s c-mail, the Court will detennine
whether a conference is necessary to advice the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may
tile, unless otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall j
be tiled on or before the later of (i) February 20, 2006, or (ii) 30 days after the Court rules on the
pending motions to dismiss.
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 the i
later of (i) September 15, 2006, or (ii) 14 days after the close of expert discovery. Briefing shall
be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be tiled more than ten (10) 5
days from the above date without leave ofthe Court.
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Case 1:05-cv-00023-JJF Document 35 Filed 11/14/2005 Page 4 of 4
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 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 7.1.1. Parties may tile stipulated and unopposed Orders with the Clerk of
the Court for the C0urt’s review and signing. The Court will not consider applications and
requests submitted by letter or in a fomi 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: [email protected]. The e-mail shall provide a
short statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed E
Scheduling Order, the Court will schedule a Pretrial Conference. l
The Court will determine whether the trial date should be scheduled when the
Scheduling Order is entered or at the Pretrial Conference. If 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 of thc Pretrial Conference. ll
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