Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01425-GIVIS Document 22 Filed 10/05/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
U FOR THE DISTRICT OF DELAWARE
JOHN A. ALBANESE, JR., )
Plaintiff, ) C.A. No. 04-1425
v. ) Trial by Jury Demanded
THE CITY OF WILMINGTON, U )
DELAWARE, a Political Subdivision of the )
State of Delaware, JAMES N.MOSLEY, )
SR., and JEFFREY J. STARKEY, )
Defendants. )
SCHEDULING ORDER
The Court having granted Defendants’ motion to amend/correct the Scheduling
Order dated February 24, 2005, and having directed Defendants to file a proposed new
scheduling order with the Court;
IT IS ORDERED that:
1. Joinder of other Parties and Amendment of Pleadings. A11 motions to
join other parties and amend the pleadings shall be tiled on or before April 4, 2005.
2. Discgvgry. All fact discovery in this case shall be initiated so that it will
be completed on or before December 30, 2005. Expert discovery shall be initiated so
that it will be concluded on or about January 16, 2006.
a. Discovery Matters. Should counsel find they are unable to resolve a
discovery matter, the party seeking the relief shall contact chambers at (302) 573-6470 to
l 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 file with
the court a letter agenda not to exceed two (2) pages outlining the issues in dispute.

Case 1:04-cv—01425-G|\/IS Document 22 Filed 10/05/2005 Page 2 of 4
Should the court fmd further briefmg necessary upon conclusion of the telephone
conference, the court shall order the party seeking relief to file with the court a
, exclusive of exhibits, describing the issues in contention. The
A responding party shall file within five (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 file a reply letter of no more than TWO PAGES withi11 three (3) days from the date
of service of the answering letter.
3. . 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 infonnation, they should confer and attempt
to reach an agreement on a proposed form of order and submit it to the court within 10 -
days from the date of this order. When Hling papers under seal, counsel should deliver to
the Clerk an original and two copies of the papers.
If after making a diligent effort 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).
4. All case dispositive motions shall be served
and filed on or before February 28, 2006. The briefmg schedule on such case dispositive
motions shall be as follows:
a. shall be served and filed no later than thirty (30)
days after service and filing of the case dispositive motion;
b. shall be served and filed no later than thirty (30)
days after service and filing of the Opening Brief;

Case 1:04-cv—01425-Gl\/IS Document 22 Filed 10/05/2005 Page 3 of 4
c. shall be served and filed no later than fifteen (15) days
after service and filing of the Answering Brief.
5. 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 .1.
6. . If the Court believes that oral argument is necessary, the
Court will schedule a hearing Pursuant to Local Rule 7.1.4.
7. Pretrial Conference. On the Court will hold a
Pretrial Conference in Chambers with counsel beginning at ·. OO a.m.
Unless otherwise ordered by the Court, the parties should assume that filing the pretrial
order satisfies thepretrial disclosure requirement in Federal Rule of Civil Procedure
‘ 26(a)(3). Thirty (30) days before the joint proposed pretrial order is due, Plaintiff shall
forward to Defendants’ counsel a draft of the pretrial order containing the information
Plaintiff proposes to include in the draft. Defendants’ counsel shall, in turn, provide to
Plaintiff’s counsel any comments on the Plaintiff"s draft as well as the information
Defendant proposes to include in the proposed pretrial order. Motions in limine: No party
shall file more than ten (10) motions in limine. Briefs (opening, answering and reply)
on all motions in limine shall be filed by 52- gr [Dé . Opening and answering
briefs shall not exceed five (5) pages and reply briefs shall not exceed three (3) pages.
The parties shall ile with the court the joint proposed final pretrial order with the
information required by the form of Final Pretrial Order which accompanies this

Case 1:04-cv—01425-G|\/IS Document 22 Filed 10/05/2005 Page 4 of 4
Scheduling Order on or before 5[ · g {OQ .
8. Ijjgj. This matter is scheduled for a seven (7) day trial beginning at
fDO a.m.on .
9. . The parties shall direct any requests or questions regarding
the scheduling and management of this matter to Chambers at (302) 573-6470.
DATE: {0/*0} ;_6 Q 3;, { 2
U ed tate istrict Judge
F I L E D
OCT 5 2005
X u.s. DISTRICT COURT
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