Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-01416-JJF Document 12 Filed O4/19/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, for )
the Use and Benefit of JERSEY SHORE )
AUTOMATION, INC., a New Jersey )
corporation, )
J
Pfairmf/I ) CA. NO. 04-1416 (JJF)
J
v. 1
)
CHUGACH SUPPORT SERVICES, )
INC., an Alaska corporation, and SAFECO )
INSURANCE COMPANY OF AMERICA, )
a Washington corporation, )
J
Defendmits. )
RULE 16 SCHEDULING ORDER
The patties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
t, Pre-Discovery Disclosure. The parts will exchange by April 22, 2005 the
information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other patties shall be filed on or
before May 31, 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. lf the
parties agree that they would benefit from a settlement confrence, the parties shall contact
Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than
the Pretrial Conference ora date ordered by the Court.

Case 1:04-cv-01416-JJF Document 12 Filed O4/19/2005 Page 2 of 4
4. Discovery. D
(a) Exchange and completion of interrogatories, identification of all fact
witness and document production shall be commenced so as to be completed by September 30,
2005.
(b) Maximum ot`50 interrogatories by each party to any other party.
(c) Maximum of 100 requests for admission by each party to any other party.
(d) Maximum of 15 depositions by plaintiff(s) and 15 by defendant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
from the party with the burden of proof by November 30, 2005; answering expert reports
are due December 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 expcrt’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 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 five (5) days of sewice ofthe
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.
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Case 1:04-cv-01416-JJF Document 12 Filed O4/19/2005 Page 3 of 4
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at [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 bythe Court.
6. Amendment ofthe Pleadings. All motions to amend the pleadings shall be filed
on or before June 30, 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 January
30, 2006. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be
tiled 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 filed with the
Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the Local Rules
of Civil Practice for the United State District Court for the District of Delaware (Amended
effective January I, l995). Any non-dispositive motion shall contain the statement required by
D. Del. LR 7.1.1. Parties may file stipulated and unopposed Orders with the Clerk ofthe Court
for the C0u1‘t’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.
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Case 1:04-cv-01416-JJF Document 12 Filed O4/19/2005 Page 4 of 4
(d) Any party with a true emergency matter requiring the assistance of the
Coun shall e-mail Chambers at: jjl`[email protected]. The e-mail shall provide a short
statement describing the emergency.
9, Pretrial Conference and Trial. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date shall be scheduled when the
Scheduling Order is entered or at the Pretrial Conference. If scheduling of the trial date is
deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a
trial to be held within sixty (60) to ninety (90) days oi` the Pretrial Con ference.
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Date / Unite Statets District Judg
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