Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-01412-SLR Document 10 Filed 06/06/2005 Page 1 of 4
iN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AT&T CORP , )
)
Plaintiff, )
) CA. No 04—l4l2 SLR
v I
I
NASRIN SERVICES, LLC ; and .IOI·H\¥ DOES )
( i—i0), representing various individuals and )
entities whose names and addresses are )
presently unknown, )
)
Defendants )
SCHEDULING ORDER
This day of June, 2005, the plaintiff, AT&T Corp ("AT&T"), and the defendant,
Nasrin Services, LLC ("Nasrin"), having satisfied their obligations under Fed R. Civ P. 26(t),
and the Court having conducted a pretrial scheduling conference pursuant to Fed R. Civ. P. E6
and D. Del LR 16.2(a) and (in),
IT IS ORDERED that;
E Pre—Disc0ve1·y Disclosures. The parties will exchange by June 24, 2005 the
information required by Fed R. Civ P. 26(a)(i) and D Del LR 16 2
2 Discovery.
(a) After conferring, the parties have identified the following subjects upon which
one or both of them will seek discovery:
(i) The services provided by AT&'I` 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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Case 1:04-cv-01412-SLR Document 10 Filed 06/06/2005 Page 2 of 4
(iv) AT&'E"s billing procedures,
(v) AT&”l”’s procedures and practices regarding credits and
adjustments;
(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
(ln) All discovery shall be commenced in time to be completed by January 31, 2006.
(c) There shall be a maximum of 25 interrogatories to propounded hy 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 any other party However, the parties expressly reserve the right to move the Court for
permission 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 permission to take
additional depositions or agree that additional depositions be taken should they deem it necessary
as the case progresses.
(D Each deposition is limited to a maximum of one day of 7 hours unless extended
by agreement ofthe parties
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Case 1:04-cv-01412-SLR Document 10 Filed 06/06/2005 Page 3 of 4
(g) 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
ll, 2005 All Daubert motions due by February 28, 2006
(lr) Supplementations under Rule .26(e) due by March 10, 2006
(i) Discovery Disputes Any discovery dispute shall be submitted to the Court
pursuant to Fed R Civ P. 37 During 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 entry of a
protective order.
3 Joinder of other Parties, Amendment of Pleadings, and Class Certiiication.
All motions to join other parties, amend the pleadings, and certify a class action shall be tiled on
or before August I5, 2005.
4 Settlement Conference. Pursuant to 28 U S C. § 636, this matter is tet`erred to
Magistrate Judge Thynge for the purposes ofexploring the possibility of a settlement
5 Applications by Motion. Any application to the court shall be by written motion
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.
6 Motions in Limine. All motions Q e shall be tiled by lVli&l`Cll 6, 2006 All
responses to said motions shall be tiled by March l3, 2006.
7. Pretrial Conference. A pretrial conference will be held on March 20, 2006 at
4:30 p m in Courtroom 6B, Sixth Floor Federal Building, 844 King Street, Wilmington,
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Case 1:04-cv-01412-SLR Document 10 Filed 06/06/2005 Page 4 of 4
Delaware The Federal Rules of Civil Pirocedure and D Del LR 16 4 shall govern the pretriai
com°e1‘lence
8 Trial. This matter is scheduled for a 5 day bench trial commencing on April 3,
2006 in Courtroom 6B, Sixth Floor Federal Building, 844 King Street, Wilmington, Delaware
For purposes ef completing pretrial preparations, the parties shouid plan on being allocated a
total number of hours in which to present their respective cases
United States District Judge
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