Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01450-JJF Document 19-2 Filed 05/20/2005 Page 1 of 3
(Non-Patent Revised 10/04)
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
I. Pre-Discovery Disclosures. The parties have exchanged 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 May 30, 2005.
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.
If the parties agree that they would benefit 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) Exchange and completion of interrogatories, identification of all
fact witnesses and document production shall be commenced so as to be completed by Egg
§.L&l§·
(b) Maximum of Q interrogatories by each party to any other party.
(c) Maximum of § requests for admission by each party to any other
party.
(d) Maximtun of LQ depositions by plaintiff(s) and Q by defendant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed unless the parties agree to waive this requirement.
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(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from the plaintiff(s) by August 31, 2005; from the defendant(s) by September 30, 2005.
(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 expe1t’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 37.1. 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 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 of the Answer, the movant shall notify Chambers by
e—mail at j jf [email protected] that the parties have completed briefing.
(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.
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before July 15, 2005.
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
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Case 1:04-cv-01450-JJF Document 19-2 Filed 05/20/2005 Page 3 of 3
October 31, 2005. Briefing 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 of the Court.
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 1, 1995). Any non—dispositive motion shall contain the statement
required by D. Del. LR 7.1.1. Briefs shall 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: jjf [email protected]. The e-mail shall provide a
short statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the pa1ties’ 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 cormsel 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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