Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01437-JJF Document 7-2 Filed 05/19/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
TIMOTHY B. BINDER, 2
Plaintiff,
: C.A. NO. O4-l437(JJF)
v. :
PEP BOYS — MANNY, MOE & JURY TRIAL DEMANDED
JACK OF DELAWARE, INC., :
a Delaware corporation, :
Defendant.
PROPOSED RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
l. Pre·Discovery Disclosures. The parties will exchange by June 1, 2005
the information 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 June 24, 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 cormnenced so as to be completed by October

Case 1:04-cv-01437-JJF Document 7-2 Filed 05/19/2005 Page 2 of 4
31, 2005.
(b) Maximum of 25 interrogatories by each party to any other party.
(e) Maximum of 50 requests for admission by each party to any
other party.
(d) Maximum of 10 depositions by plaintiff and 10 by defendant.
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and e) are
completed. _
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from the plaintiff by November 4, 2005; from the defendant by December 5, 2005.
(1*) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than thirty (30) days from receipt of said expert’s report, tmless
otherwise agreed in writing by the parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to
provide shall tile a motion (no briei) 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. An Answer to the
Rule 37 motion, not to exceed four (4) pages, shall be tiled 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 ofthe Answer, the movant shall notify Chambers by
e-mail at [email protected] that the parties have completed briefing.
(cl) Upon receipt ofthe movanfs e-mail, the Court will determine

Case 1:04-cv-01437-JJF Document 7-2 Filed 05/19/2005 Page 3 of 4
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 October 3], 2005.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules ofCivil Procedure, shall be served and filed with an opening brief on or before
December 30, 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 ofthe Court.
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 ofCivi1 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 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 tmc 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. The Court will schedule a Pretrial

Case 1:04-cv-01437-JJF Document 7-2 Filed 05/19/2005 Page 4 of 4
Conference and Trial after reviewing the parties} proposed scheduling order.
Mw DATE ` UETED STATES DISTRICT JUDGE `wi