Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-O1427—Gl\/IS Document 21-2 Filed O3/O4/2005 Page 1 of 4
IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUN l·IEAl..TI·lCARE GROUP, INC and :
SUNBRIDGE HEALTHCARE :
CORPORATION, 2
Plaintiffs, Civil Action No.: 04~l427(GMS)
V
: Jury Trial Demanded
HEALTH CARE CAPITAL CONSOLIDATED, :
INC and HEALTH CARE CAPITAL, lNC , :
Defendants
SCHEDULING ORDER
This ____ day of , 2005, the Court having conducted an
initial Rule 16 scheduling and planning conference pursuant to Local Rule 16 2(ln) on February
24, 2005
l'l" is ORDERED that:
1. Rule 26ta) Initial Disclosures. The parties have exchanged their initial
disclosures pursuant to Federal Rule Civil Procedure 26(a)
2 Joinder of other Parties and Amendment of Pleadings. All motions to join
other parties and amend the pleadings shall be filed on or before March 26, 2005.
3, Discovery. All discovery in this case shall be initiated so that it will be
completed on or before August I, 2005.
a Discovery Matters Should counsel find they are unable to resolve a
discovery matter, the party seeking the relief shall contact chambers at (302) 57345470 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 tile with the Court a letter
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Case 1:04-cv-O1427—Gl\/IS Document 21-2 Filed O3/O4/2005 Page 2 of 4
agenda not to exceed two (2) pages outlining the issues in dispute Should the Court find further
briefing necessary upon conclusion ofthe telephone conference, the Court shall order the party
seeking relief to file with the Court a TWO PAGE LETTER, exclusive of exhibits, describing
the issues in contention The responding party shall tile within tive (5) days from the date of
service of the opening letter an answering letter of not more than TWO PAGES The party
seeking relief may then tile a reply letter of no more than TWO PAGES within three (3) days
{rom the date of service of the answering letter
4. Confidential information and Papers tiled Under Seal. Should counsel find it
will be necessary to apply to the Court for a protective order specifying terms and conditions for
the disclosure of confidential information, they should confer and attempt to reach an agreement
on a proposed form of order and submit it to the Court within l0 days from the date of this order
When filing papers under seal, counsel should deliver to the Clerk an original and two copies of
the papers.
lf alter making a diligent eilbrt the parties are unable to agree on the contents of the
joint proposed protective order, then they shall follow the dispute resolution process
outlined in paragraph 3(a).
5 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 The parties
shall contact Magistrate Judge Thynge to schedule a settlement conference with counsel and
clients
6 Status/Settlement Conierence. On , the Court will
hold a conference by telephone with counsel beginning at in to discuss the
progress of efforts to settle this dispute Plaintiffs counsel shall initiate the telephone call
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Case 1:04-cv-O1427—Gl\/IS Document 21-2 Filed O3/O4/2005 Page 3 of 4
If no efforts have been made or those efforts have to date been unsuccessful, counsel
shall be prepared to discuss the possibility of setting up a settlement conference with the Court
with counsel and their clients
7. Case Disgositive Motions. All case dispositive motions and an opening brief and
affidavits, if any, in support ofthe motion shall be served and tiled on or before August 15, 2005.
Briefing will be presented pursuant to the Court’s Local Rules, unless the parties agree to an
alternative briefing schedule Any such agreement shall be in writing and filed with the Court
for the Court’s approval.
8 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 filed 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 l
9 Oral Argument. lf the Court believes that oral argument is necessary, the Court
will schedule a hearing Pursuant to Local Rule 7 l 4
l0 Pretrial Conference. On December 20, 2005, the Court will hold a Pretrial
Conference in Chambers with counsel beginning at l0:00 a m Unless otherwise ordered by the
Court, the parties should assume that filing the pretrial order satisfies 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 defendants counsel a draft of
the pretrial order containing the information plaintiffs propose to include in the draft.
Defendants counsel shall, in turn, provide to plaintiffs counsel any comments on plaintiffs draft
as well as the information defendants propose to include in the proposed pretrial order. Motions
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Case 1:04-cv-O1427—Gl\/IS Document 21-2 Filed O3/O4/2005 Page 4 of 4
in limirze: No party shall tile more than ten (10) motions in [trainer Opening briefs on all
motions in limirze shall be tiled by November 2, 2005 Answering and reply briefs shall be filed
in accordance with Local Rule 7 l 2 and all briefs shall be submitted with the pretrial order
Opening and answering briefs shall not exceed five (5) pages and reply briefs shall not exceed
three (3) pages The parties shall fil with the Court the joint proposed final pretrial order with
the information required by the form of Final Pretrial Order which accompanies this Scheduling
Order on or before November 29, 2005
ll . This matter is scheduled for a 3 day jury trial beginning at 9:30 am on
.lanuary l l, 2006
12 Schetiulinv,. The parties shall direct any requests or questions regarding the
scheduling and management of this matter to Chambers at (302) 573-6470

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