Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00023-JJF Document 33-2 Filed 1 1/10/2005 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 (d/b/ a Marcus Oil & )
Chemical) ) Case No. 05-023 (UF)
)
Defendant, Counterclaim Plaintiff, )
)
v. )
)
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, and THE DOW CHEMICAL )
COMPANY, )
)
Counterclairn Defendants )
)
RULE I6 SCHEDULING ORDER
The parties having satisfied their obligations under Fed, R, Civ. P. 26(t),
IT IS ORDERED that:
l. Preébiscovery Disclosures. The parties will exchange by November 9,
2005 the information required by Fed. R. Civ. P. 26(_a)(1) and D. Del. LR 16.2.
2. J oinder of other Parties. All rnotions to join other parties shall be filed
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 Coriference. 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 33-2 Filed 11/10/2005 Page 2 of 4
if the parties agree that they would benefit from a settlement conference, the parties shail contact
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than
the Pretrial Conference or a date ordered bythe Court.
4. Discovery.
(a) Fact discovery shall be completed by the later of (i) May l9, 2006,
or (il) if parties are added or pleadings are amended, 60 days after the addition of the party or
parties or amendment of the pleadings.
(b) Maximum of 25 interrogatories hy each side.
(c) Maximum of 50 requests for admission by each side.
(d) Maximum of l0 fact depositions by plaintiff(s) and l0 by
det`endant(s). Depositions shall not commence untii. 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 of (i) J one 9,
2006, or (ii) 20 days after the close of fact discovery. The parties will exchange responsive
expert disclosures on the later of (i) July l0, 2006, or (ii) 28 days after Fed. R. Civ. P. 26(a)(2)
disclosures. The parties will exchange rebuttal expert disclosures on the later of (i) July 3l,
2006, or (ii) 21 days after responsive expert disclosures.
(f) Any party desiring to depose an expert witness shail notice and
complete said deposition no later than (i) September l, 2006, or (ii) 30 days alter rebuttal expert
disctosures.
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Case 1:05-cv-00023-JJF Document 33-2 Filed 11/10/2005 Page 3 of 4
5. Discovery Disputes.
(a) A party seeking discovery which the opposing pany refuses to
provide shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure
and Local Rule 37.1. Said motion shalt not exceed. a total of four (4) pages. An Answer to the
Rule 37 motion, not to exceed four (4) pages, shall be tiled within five (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 rnovant shall notify Chambers by
e-mail at j j [email protected]. gov that the parties have completed briefing.
(d) Upon receipt of the movant’s e—inail, the Court will determine
whether a conference is necessary to advice the parties accordingly.
(e) There is no liinit on the number of Rule 37 motions a party may
{ile, unless otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall
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
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 filed more than ten (l0)
days from the above date without leave of the Court.
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Case 1:05-cv-00023-JJF Document 33-2 Filed 11/10/2005 Page 4 of 4
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled 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 l, l995). Any non»dispositive motion shall contain the statement
required by D. Del. LR 7. l .l. Parties may tile 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: [email protected]. The e-mail shall provide a
short statement describing the emergency.
9. Pretriai 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. 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 the `Pretrial Conference.

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