Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01452-JJF Document 40 Filed 12/05/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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AND COMPANY, :
: C.A. No. 04-1452 (JJF)
Plaintiff, :
GREAT LAKES CHEMICAL
CORPORATION, :
Defendant.
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(i),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by December 30, 2005 the
infomation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed on or
before January 31, 2006.
3. Discovery.
(a) Exchange and completion of contention interrogatories, identification of fact
witnesses and document production shall be commenced so as to be completed by July 31, 2006.
(b) Maximum of 50 interrogatories, including contention interrogatories, for each
side.
(c) Maximum of 75 requests for admission by each side.

Case 1:04-cv-01452-JJF Document 40 Filed 12/05/2005 Page 2 of 4
(d) A maximum of 84 hours of depositions should be allotted each to plaintiff(s) and
defendant(s), excluding expert depositions, with each deposition other than expert depositions
limited to one (l) day of seven (7) hours of examination, pursuant to Fed. R. Civ. P. 26(a)(2), unless
otherwise agreed in writing by the parties or ordered by the Court, and with time spent conducting
Rule 30(b)(6) depositions chargeable to the total allotted hours. Depositions shall not commence
until the discovery required by Paragraph 3(a) is completed. Depositions, excluding expert
depositions, shall be completed by October 31, 2006.
(e) The parties shall identify all experts for issues on which it has the burden of proof
by October 31, 2006. Reports from experts required by Fed. R. Civ. P. 26(a)(2) on any issue on
which the party bears the burden of proof shall be served by January 26, 2007. Rebuttal reports
and/or reports on which the party does not bear the burden of proof shall be served by March I6,
2007.
(I) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than April 30, 2007, unless otherwise agreed in writing by the parties or ordered
by the Court.
n 4. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide shall file
a motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil Procedure and Local Rule 37.1.
Said motion shall not exceed a total of four (4) pages and must specify that the filing is pursuant to
the Discovery Dispute procedures provided in this paragraph. An Answer to the Rule 37 motion,
not to exceed four (4) pages, shall be tiled 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

Case 1:04-cv-01452-JJF Document 40 Filed 12/05/2005 Page 3 of 4
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
jj [email protected] that the dispute is ready for decision.
(d) Upon receipt of the movant’s e-mail, the Court 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 file, unless
otherwise ordered by the Court.
5. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before July 31, 2006.
6. 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 May 25, 2007.
Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed more than
ten (10) days before the above date without leave of the Court. The Court will issue a separate Order
regarding procedures for filing summary judgment motions. j
7. Markman. A Markman Hearing will be held on December 15, 2006 at 1 l :00 a.m.
Briefing on the claim construction issues shall be completed as follows: Each party shall exchange
a list of tenns believed to require construction by August 11, 2006. Each party shall exchange
proposed constructions ofthe disputed terms by September 8, 2006. The parties shall file with the
Court a single chart showing each party’s proposed construction ofthe claims at issue together with
the intrinsic evidence supporting that construction on October 6, 2006. Opening Briefs for each
party will be filed November 10, 2006; Response Briefs will be filed December 8, 2006. The
Court, after reviewing the briefing, will allocate time to the parties for the heating.

Case 1:04-cv-01452-JJF Document 40 Filed 12/05/2005 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 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 ofthe Court shall
e-mail Chambers at: jj [email protected]. The e—mail 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 detennine 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 tnal to be held
within sixty (60) to ninety (90) days of the Pretrial Conference.
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