Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01416-JJF Document 10-2 Filed 04/12/2005 Page 1 of 4
(Non··Patent Revised 05/G4)
RULE 16 SCI-iEDULiNG ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT ES ORDERED that:
1. Pre-Discovery Disclosure. The parties will exchange by April 22, 2005
the information required by Fed. R. Civ. P. 26(a)(t) and D. Dei. LR 16.2.
2. Joincier of other Parties. Atl motions to join other parties shaii be filed on
or before Ntay 31, 2005.
3. Settlement Conference. Pursuant to 28 USC. § 636, this matter is
referred to Magistrate Judge Thynge for the purposes of exploring the possibitity of a
settlement. lf the parties agree that they wouid benefit from a settlement conference,
the parties shail contact Magistrate Judge Thynge to scheduie a settlement conference
so as to be compieted no later than the Pretriai Conference or a date ordered by the
Court.
4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witness and document production shalt 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.

Case 1:04-cv-01416-JJF Document 10-2 Filed 04/12/2005 Page 2 of 4
(cl) Maximum of 15 depositions by plaintiff(s) and 15 by defendant(s).
Depositions shaii not commence untii 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 shaii notice and
complete said deposition no later than thirty (30) days from receipt of said experts
report, unless otherwise agreed in writing by the parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to
provide snail file a motion (no brief) pursuant to Rule 37 of the Federal Ruies of Civii
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) parties.
An Answer to the Rule 37 motion, not to exceed tour 94) pages, shall be filed within five
(5) days of service ot the motion. No reply is permitted.
(b) All papers shall set forth in a plain and concise manner the isstre(s)
in dispute, the party’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt ofthe Answer, the inovant shall notify Chambers by
e-mail at [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s e~maii, the Court will determine
whether a conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Ruie 37 motions a party may tiie,
unless otherwise ordered by the Court.
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Case 1:04-cv-01416-JJF Document 10-2 Filed 04/12/2005 Page 3 of 4
8. Amendment ofthe Pleadings. Atl motions to amend the pieadings shalt
be tiled on or before June 30, 2005.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to
the Federai Ruies of Civil Procedure, shall be served and filed with an opening brief on
or beiore January 30, 2006. Briefing shail 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
ieave of the Court.
8. Applications by Motion.
(a) Any applications to the Court snail be by written motion flied with
the Clerk ofthe Court in compiiance with the Federal Rules of Civil Procedure and th
Local Rules of Civii Practice for the United State District Court for the District ot
Deiaware (Amended effective January 1, 1995). Any non-dispositive motion shalt
contain the statement required by D. Dei. LR 7.1/E. Parties may tiie stipulated and
unopposed Orders with the Cierk of the Court for the Courts review and signing. The
Court wiii not consider appiications and requests submitted by Eetter or in a torm other
than a motion.
(b) No facsimile transmissions wiii be accepted.
(c) No telephone calls shaii be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of
the Court shalt e—maii Chambers at: [email protected]. The e—mail shall
provide a short statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties Proposed
Scheduiing Order, the Court will schedule a Pretrial Conference.
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Case 1:04-cv-01416-JJF Document 10-2 Filed O4/12/2005 Page 4 of 4
The Court will determine whether the trial date snail be scheduled when
the Scheduling Order Es entered or at the Pretrial Cenference. if scneduling of the trial
date is deferred until the Pretrial Conference, the parties and counsel shell 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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