Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01412-SLH Uocument as-2 I-ned U6/US/2000 Page 1 0t 4
]N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AT&T CORP., )
)
Plaintiflj )
) C.A. No. O4-1412 SLR
V. l)
J
NASRIN SERVICES, LLC.; a.nd JOHN DOES )
(1-10), representing various individuals and )
entities whose names and addresses are )
presently unknown, )
l
Defendants. )
|PROPOSED[ SCHEDULTNG ORDER
This day of June, 2005, the plaintiff; AT&T Corp. (“AT&T"’), and the de Pendant,
Nasrin Services, LLC ("Nasrin"), having satisfied their obligations under Fed. R. Civ. QP. 26(D,
and the Court having conducted a pretrial scheduling conference pursuant to Fed. R. Civ. P. l6
and D. Del. LR l6.2(a) and fb),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by June 24, 2005 the
infonnation required by Fed. R. Civ. F- 26(a)(i) and D. Del. LR 16.2.
2. Discovery.
(a) After conferring, the parties have iclentided the following subjects upon which
one or both of them will seek discovery:
(i) The services provided by AT&T to Nasrin;
(ii) Invoicing for services and credits or adjustments thereto provided
by AT&T to Nasrin;
(iii) The business downturn clause;
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(iv) AT&T’s billing procedures;
(v) AT&T’s procedures and practices regarding credits and
adj ustmen ts;
(vi) AT&T’s obligations under the Contracts; and
(vii) The amount of AT&T”s claimed damages.
The parties expressly reserve their right to object to any of the aforementioned discovery and
seek discovery on other topics necessary to prepare this matter for trial.
(b) All discovery shall be commenced in time to be completed by January 3] , 2006.
(c) There shall be a maximum of 25 interrogatories to propounded by each party to
any other party. However, the parties expressly reserve the right to move the Court For
permission to propound additional interrogatories should they deem it necessary as the case
progresses.
(d) There shall be a maximum of 25 requests for admission propounded by each party
to a11y other party. However, thc parties expressly reserve the right to move the Court for
pennission to propound additional requests for admission should they deem it necessary as the
case progresses.
(e) There shall be a maximum of 5 depositions by AT&T and 5 depositions by
Nasrin. However, the parties expressly reserve the right to move the Court for pennission to talte
additional depositions or agree that additional depositions be taken should they deem it necessary
as the case progresses.
(ff) Each deposition is limited to a maximum of one day of 7 hours imless extended
by agreement ofthe parties.
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(8) Reports from retained experts under Rule 26(a)(2) on issues for which any party
has the burden of proof are due by October 14, 2005. Rebuttal expert reports due by November
11, 2005. All Daubert motions due by February 28, 2006.
(h) Supplementations under Rule 26(e) due by March 10, 2006.
(i) Discovery Disputes. Any discovery dispute shall be submitted to thc Court
pursuant to Fed. R. Civ. P. 37. Dining the course of discovery, each party is limited to two (2)
Rule 37 motions. The court shall make itself available, however, to resolve through a telephone
conference, disputes that arise during the course of a deposition and disputes related to cntry of a
protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class Certification.
All motions to join other parties, amend the pleadings, and certify a class action shall be tiled on
or before August 15, 2005.
4. Settlement Conference. Pursuant to 28 U-S-C. § 636, this matter is relerred to
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement.
5 . Summary Judgment Motions. All sunnnary judgnent motions shall be served
and tiled with an opening brief on or before March 31, 2006. Briefrng shall be pursuant to D.
Del. LR 7.1.2. No stnnrnary judgment motion may be tiled more than ten (10) days from the
above date without leave ofthe court.
6. Applications by Motion. Any application to the court shall be by written rnotion
tiled with the clerk. Unless otherwise requested by the Court, counsel shall not deliver copies of
papers or correspondence to chambers. Any non-dispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
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7. Motions in Limine. All motions in shall be filed at least two weeks before
the pretrial conference. All responses to said motions shall be Eled at least one week before the
pretrial conference.
3. Pretrial Conference. A pretrial eonfererlee will be held on
, 2006 at a.m./p.m. in Cotn·troom 6B, Sixth Floor liederal
Building, 844 King Street, Wilmington, Delaware. The Federal Rules of Civil Proeedtue and D.
Del. LR 16.4 shall govem the preuial conference.
9. Trial. This matter is scheduled for a 4 day trial commenoi ng on
in Courtroom 6B, Sixth Floor Federal Building, S44 King Street,
Wilmington, Delaware. For purposes of completing pretrial preparations, the parties should plan
on being allocated a total number of hours in which to present their respective cases.
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