Free Scheduling Order - District Court of Delaware - Delaware

Case 1:O4—cv-01339-SLR Document 114 Filed O1/12/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE ALH HOLDINGS, LLC ) Consol. C.A. No. 04-1339 — SLR
_;_?______ )
SECOND AMENDED SCHEDULING ORDER
At Wilmington this X`}- day of January 2007, the parties having satisfied their
obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling
conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b).
IT IS ORDERED that:
1. Pre—Discovery Disclosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects: the formation, initial
funding and subsequent funding of ALH Holdings, LLC, ALH II, Inc. and subsidiaries
(hereafter "ALH"); the business, operations, management, financing and financial condition
(including litigation liabilities) of ALH; the governance and affairs of ALH and the parties'
participation therein; consulting and other services provided by the parties to ALH and
payments in connection therewith; the sale of ALH and use ofproceeds thereof; the possible
purchase of the Class A equity of ALH by the holders ofthc Class B equity o1`ALH; the legal
and financial advisors of ALH; the indemnification rights of certain parties in connection with
ALH; thc March I5, 1999 SELK Guarantee; the July 1, 2001 Lion LLC Settlement
Agreement; and the December 17, 2004 Settlement Agreement and Mutual Releases.

Case 1:04-cv-01339-SLR Document 114 Filed O1/12/2007 Page 2 of 3
(b) All discovery shall be commenced in time to be completed by March
30, 2007.
(c) Maximum of 30 interrogatories by each side to the other side,
(d) Maximum of 50 requests for admission by each side to the other side.
The parties agree that requests for admission will be served not less than 60 days before the
deadline for completion of all discovery.
(e) Maximum of 20 depositions by plaintiffs and 20 depositions by
defendants. The parties anticipate that there will be significant overlap in the individuals
deposed by plaintiffs and defendants.
(I) Each deposition, other than of George J. Buchler, Eugene I. Krieger,
Bruce J. Stein, Avie Arenson, Shalom Lamm, Michel Konig, William R. Lanius and John
I-aguardia, shall be limited to a maximum of seven (7) hours unless extended by agreement of
parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for which any
party has the burden of proof due by February 28, 2007, Rebuttal expert reports due on March
16, 2007.
(h) 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
tr telephone conference, disputes that arise during the course of a deposition and disputes
related to entry ofa protective order.
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Case 1:04-cv-01339-SLR Document 114 Filed O1/12/2007 Page 3 of 3
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 filed on or before January 20, 2006.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring ADR.
5. Applications by Motion. Any application to the court shall be by written
motion filed 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.
7. Motions in Limine. All motions in liming shall be tiled on or before April 9,
2007. All responses to said motions shall be tiled on or before April 16, 2007.
8. Pretrial Conference. A pretrial conference will be held on April 23, 2007 at
ig; in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington,
Delaware. The Federal Rules of Civil Procedure and D. Del. LR l6.4 shall govem the pretrial
conference.
9. Trial. This matter is scheduled for a ten day bench trial commencing on May
7, 2007 in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington,
Delaware. For purposes of completing pretrial preparations, the parties should plan on being
allocated an equal total number of hours in which to present their respeetive cases.
$25195
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