Free Motion for Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01540-GIVIS Document 35 Filed 05/19/2005 Page 1 of 3
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GLADYS BAILEY, as the Administratrix :
ofthe Estate of DEBBIE BAILEY, : C.A. N0. 04-1540-GMS
deceased, et al :
v • :
RONALD I. LEBMAN, M.D., et al
SCHEDULING ORI ER
This day of 2005, the Court having conducted an initial
Rule 16 scheduling and planning conference pursuant to Local Rule 16.2(b) on May 9, 2005 and
the parties having detemiined after discussion that the matter cannot be resolved at this juncture
by settlement, voluntary mediation or binding arbitration;
IT IS ORDERED that:
1. Plaintii’l's’ Expert Disclosure: Plaintiffs are required to make all expert disclosures and
submit Curriculum Vitae of all expert witnesses intended to testify at trial to all other
parties no later than October 1, 2005.
2. Defendants Expert Disclosure: Defendants are required to make all expert disclosures
and submit Curriculum Vitae cf all expert witnesses intended to testify at trial to all other
parties no later than December 31, 2005.
3. Discovery. All discovery in this case shall be initiated so that it will be completed on
or before February 17, 2006.
a.Discove;_·y Matters. Should counsel End they are unable to resolve a discovery matter,
the party seeking the relief shall contact chambers at (302) 573-6470 to schedule a
telephone conference. Not less than forty-eight hours prior to the conference, by hand
- delivery or facsimile at (302) 573-6472, the party seeking relief shall iile with the court a
letter agenda not to exceed two (2) pages outlining the issues in dispute. Should the court
find further briefing necessary upon conclusion of the telephone conference, the court
shall order the party seeking relief to Hle with the court a TWO PAGE LETTER,
exclusive of exhibits, describing the issues in contention. The responding party shall file

Case 1 :04-cv—01540-GIVIS Document 35 Filed 05/19/2005 Page 2 of 3
within Eve (5) days from the date of service of the opening letter an answering letter of no
more than TWO PAGES. The party seeking relief may then Ele a reply letter of no more
than TWO PAGES within three (3) days Hom the date of service ofthe answering letter.
4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to the United
States Magistrate for the purpose of exploring the possibility of a settlement. If the parties
agree that the possibility of settlement may be enhanced by such referral, the parties shall
contact Magistrate Judge Thynge to schedule a settlement conference with counsel and
clients.
5. Case Dispositiye Motions. All case dispositive motions and an opening brief and
affidavits, if any, in support ofthe motion shall be served and filed on or before May 8,
2006. Briefing will be presented pursuant to the Court’s Local Rules, unless the parties
agree to an alternative brieiing schedule. Any such agreement shall be in writing and filed
with the Court for the Court’s approval.
6. Applications by Motion. Except as provided in this Order or for matters relating to
scheduling, any application to the Court shall be by written motion Hled with the Clerk.
Unless otherwise requested by the Court, counsel shall not deliver copies of papers or
correspondence to Chambers. Any non—dispositive motion should contain the statement
required by Local Rule 7 . l . 1 .
7. Oral Argument. If the Court believes that oral argrnnent is necessary, the Court will
schedule a hearing Pursuant to Local Rule 7.1.4.
8. Pretrial Conference. On June l, 2006, the Court will hold a Pretrial Conference in
Chambers with counsel beginning at 10:00 a.m. Unless otherwise ordered by the Court,
the parties should assume that Hling the pretrial order satisiies the pretrial disclosure
requirement in Federal Rule of Civil Procedure 26(a)(3). Thirty (30) days before the joint
proposed pretrial order is due, plaintiffs counsel shall forward to defendant’s counsel a
draft of the pretrial order containing the information plaintiff proposes to include in the
drait. Defendant’s counsel shall, in turn, provide to plaintiffs counsel any comments on the
plaintiifs drait as well as the information defendant proposes to include in the proposed
pretrial order. Motions in limine: No party shall Hle more than ten (10) motions in limine.
Briefs (opening, answering and reply) on all motions in limine shall be iiled by June 14,
2006. Opening and answering briefs shall not exceed Eve (5) pages and reply briefs shall
not exceed three (3) pages. The parties shall Hle with the court the joint proposed iinal
pretrial order with the information required by the form of Final Pretrial Order which
accompanies this Scheduling Order on or before May 8, 2006.
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Case 1 :04-cv-01540-GIVIS Document 35 Filed 05/19/2005 Page 3 of 3
9. Trial. This matter is scheduled for a 7 day trial begimming at 9:00 a.m. on June 19, 2006.
» 10. §chedn__gligg. The parties shall direct any requests or questions regarding the
scheduling and management of this matter to Chambers at (302) 573-6470.
UNITED STATES DISTRICT JUDGE
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