Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01294-JJF Document 43 Filed 12/22/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLOWSERVE CORPORATION, )
Plaintiff] ;
v. ; C.A. No. 04-1294-JJF
BURNS INTERNATIONAL SERVICES g
CORPORATION and BORG-WARNER )
CORPORATION, )
Defendants. g
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by January I6,
2006, the information required by Fed. R. Civ. P. 26(a)(I) and D. Del. LR 16.2.
2. Joinder of Other Parties. All motions tojoin other parties shall be
filed on or before January I6, 2006.
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. lf the parties agree that they would benefit 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 Pretrial Conference or a date ordered by the Court
4. Discovery.
(a) Exchange and completion of interrogatories and identification
of fact witnesses shall be commenced so as to be completed by January 31, 2006.

Case 1:04-cv-01294-JJF Document 43 Filed 12/22/2005 Page 2 of 4
(b) Maximum of fifty (50) interrogatories by each party to any
other party.
(c) Maximum of fifty (50) requests for admission by each party to
any other party.
(d) Excluding expert depositions, maximum of ten (I0)
depositions by plaintiff(s) and ten ( l0) depositions by defendant(s). Depositions shall 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 plaintiff(s) by May l, 2006; from the defendant(s) by June l, 2006.
(f) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than thirty (30) days from receipt of said BXDEITSS report,
unless otherwise agreed in writing by the parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing pany refuses to
provide shall file a motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) pages and
must specify that the filing is pursuant to the Discovery Dispute procedures provided in this
paragraph. An Answer to the Rule 37 motion, not to exceed four (4) pages, shall be filed
within five (5) days of service ofthe motion. No reply is permitted.
(b) All papers shall 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 party's position.
(c) Upon receipt ofthe Answer, the movant shall notify Chambers by e-
mail at iif Ci\/ii§El)Cl€d.USCOLll’fS.‘¤’O\’ that the parties have completed briefing.

Case 1:04-cv-01294-JJF Document 43 Filed 12/22/2005 Page 3 of 4 il
(d) Upon receipt ofthe 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 by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings
shall be tiled on or before May 1, 2006.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to
the Federal Rules of Civil Procedure, shall be served and filed with an opening brief on or
before June 30, 2006. Briefing shall be pursuant to D. Del. LR 7. 1.2. No case dispositive
motion may be filed more than ten (10) days from the above date without leave ofthe Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed
with the Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the
Local Rules of C ivil Practice for the United States District Court for the District of Delaware
(Amended Effective January l, 1995). Any non-dispositive motion shall contain the
statement required by D. Del. LR 7.1 . l. Parties may tile stipulated and unopposed Orders
with the Clerk ofthe Court for the Court’s review and signing. The Court will not consider
applications and requests submitted by letter or in a form other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the
assistance ofthe Court shall e-mail Chambers at: iif Clifil[LT>d€d.l1SCOUFlS.=UOV. The e-mail
shall provide a short statement describing the emergency.

Case 1:04-cv-01294-JJF Document 43 Filed 12/22/2005 Page 4 of 4
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9. Pretrial Conference and Trial. After reviewing the parties’
Proposed Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date should be scheduled when the
Scheduling Order is entered or at the Pretrial Conference. if scheduling ofthe 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 ofthe Pretrial Conference.
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DATE K I JED ST` TE STRICT JU