Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01416-JJF Document 11-2 Filed O4/13/2005 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, )
)
Pioirztyjf ) CA. NO. 04-1416 (HF)
)
v. )
)
CHUGACH SUPPORT SERVICES, )
INC., an Alaska corporation, and SAFECO )
INSURANCE COMPANY OF AMERICA, )
a Washington corporation, )
}
Defendczms. )
RULE 16 SCHEDULING ORDER
The parties having satistied their obligations under Fed. R. Civ. P. 26(t`),
IT lS ORDERED that:
E. `Pre·~Discovery Disclosure. The parties will exchange by April 22, 2005 the
infomation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR i6.2.
2. Joinder of other Parties. All motions to join other parties shail be tiled 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. It the
patties agree that they would beneiit 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 Pretriai Conference or a date ordered by the Court.

Case 1:04-cv-01416-JJF Document 11-2 Filed O4/13/2005 Page 2 of 4
4. Discovery. C
(a) Exchange and completion of interrogatories, ideniitication of all fact
witness and document production shall be commenced so as to be completed by September 30,
2005.
(b) Maximum of 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 plaintifi°(s) and 15 by defendant(s).
Depositions shali 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.
(t) my party desiring to depose an expert witness shall notice and complete
said deposition no iater than thirty (30) days from receipt of said expert’s report, uniess
oiherwise agreed in writing bythe parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide
shall tile a motion (no brief) pursuant to Ruie 37 of the Federal Rules of Civil Procedure and
Local Rule 37.1. Said motion shali 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 sliall 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 pa·rty°s position.
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Case 1:04-cv-01416-JJF Document 11-2 Filed O4/13/2005 Page 3 of 4
(c) Upon receipt of the Answer, the niovant shall notify Chambers by e—rnail
at jj f_,[email protected] that the parties have completed `orieiing.
(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 tile,
unless otherwise ordered bythe Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be tiled
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 tiled with an opening brief on or before January
30, 2006. Briefing shall be pursuant to D. Del. LR 7.i.2. No case dispositive motion may be
tiled more than ten (10) days from the above date without leave of the Court.
S. Applications by Motion.
(a} Any applications to the Court shall be by written motion tiled 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 l, l995). 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 fonn other than a motion.
(b) No facsimile transmissions will he accepted.
(c) No telephone calls shall be made to Chambers.
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Case 1:04-cv-01416-JJF Document 11-2 Filed O4/13/2005 Page 4 of 4
(d) Any party with a true emergency matter requiring the assistance of the
Court shall e—1nail Chambers at: [email protected]. The e-mail shall provide a short
statement describing the emergency,
9. Pretrial Conference and Trial. After reviewing the paities° Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Ceurt will determine whether the trial date shalt be scheduied when the
Scheduling Order is entered or at the Pretrial Conference. lf 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 of the Pretrial Conference.
Date United States District Judge
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