Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-01422-GMS

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Filed 09/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JEROME K. HAMILTON, a/k/a ELOHIM CHEIKH AHMED, Plaintiff, v. CATHY L. GUESSFORD, REBECCA MCBRIDE, ROBERT F. SNYDER, THOMAS L. CARROLL, and STANLEY W. TAYLOR, JR. Defendants

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C.A. No. 04-1422 (GMS) JURY TRIAL DEMANDED

SCHEDULING ORDER This ___ day of ____________________, 2006, the Court having conducted an initial Rule 16 scheduling and planning conference pursuant to Local Rule 16.2(a) on August 31, 2006, and the parties having determined after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding arbitration; IT IS ORDERED that: 1. Rule 26(a)(1) Initial Disclosures. Unless otherwise agreed to by the

parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) on or before September 30, 2006. 2. Joinder of other Parties and Amendment of Pleadings. All motions to

join other parties, and to amend or supplement the pleadings shall be filed on or before October 16, 2006.

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3. Discovery.

All discovery in this case shall be initiated so that it will be

completed on or before April 30, 2007. a. Discovery and Scheduling Matters: Should counsel find they are unable

to resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at (302) 573-6470 to schedule a telephone conference. Not less than fortyeight hours prior to the teleconference, the parties shall file with the court, via electronic means (CM/ECF), a joint, non-argumentative letter agenda not to exceed two(2) pages outlining the issue(s) in dispute. A sample letter can be located on this court's website at www.ded.uscourts.gov. Should the court find further briefing necessary upon

conclusion of the telephone conference, unless otherwise directed, the party seeking relief shall file with the court a TWO PAGE LETTER, exclusive of exhibits, describing the issues in contention. The 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 within three (3) days from the date of service of the answering letter. 4. Confidential Information and Papers filed under Seal. Should counsel

find it would 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 or order and submit it to the court within ten (10) 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. 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

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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 Magistrate Judge will schedule a settlement conference with counsel and their clients. 6. Case Dispositive Motions. All case dispositive motions, and an opening

brief, and affidavits, if any, in support of the motion shall be served and filed on or before May 14, 2007. 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. Any request for

extensions of time as set forth in this Scheduling Order must be accompanied by an explanation or your request will be denied. 7. Applications by Motion. Except as otherwise specified herein, 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 7.1.1. 8. Pretrial Conference. On September 11, 2007, the Court will hold a

Final Pretrial Conference in Chambers with counsel beginning at 10:00 a.m. Unless otherwise ordered by the Court the parties should assume the filing of the pretrial order, which satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the court Joint Proposed Final Pretrial Order on August 20, 2007, with the information required by the form of Final Pretrial Order.

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9.

Trial. This matter is scheduled for a two (2) day jury trial beginning at 9:00

a.m. on October 1, 2007. 10. Scheduling: The parties shall contact chambers, at (302) 573-6470, only in

situations where scheduling relief is sought and only then when ALL participating counsel is on the line for the purposes of selecting a new date.

THE HONORABLE GREGORY M. SLEET