Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01286-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KARI M.(SMITH)PRILLER, ) ) Plaintiff, ) ) v. ) ) TOWN OF SMYRNA, DAVID S. ) HUGG, III, individually and ) in his official capacity as ) Town Manager; ) BEVERLY A. HIRT, individually ) and in her official capacity ) as Director of the Smyrna ) Public Library; and ) HARVEY LEGGETT, individually ) and in his official capacity ) as Supervisor of Streets/ ) Foreman of Public Works, ) ) Defendants. )

C.A. No. 04-1286-JJF

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 June 15, 2005 the information required by Fed. R. Civ. P. 26 (a) (1) and D. Del. LR 16.2. 2. Joinder of other Parties. All motions to join

other parties shall be filed on or before July 15, 2005. 3. Settlement Conference. Pursuant to 28 U.S.C. §

636, this matter is referred to Magistrate Judge Thynge for the

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purposes of exploring the possibility of a settlement. parties agree that they would benefit from a settlement

If the

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,

identification of all fact witnesses and document production shall be commenced so as to be completed by August 31, 2005. (b) to any other party. (c) Maximum of 25 requests for admission by each Maximum of 50 interrogatories by each party

party to any other party. (d) Maximum of 10 depositions by plaintiff (s) Depositions shall not commence until the

and 10 by defendant(s).

discovery required by Paragraph 4 (a, b and c) are completed, unless otherwise agreed in writing by the parties. (e) Reports from retained experts required by

Fed. R. Civ. P. 26 (a)(2) are due from the plaintiff(s) by October 31, 2005 and from the defendant(s) by November 30, 2005. (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 expert's report, unless otherwise agreed in writing by the parties.

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5.

Discovery Disputes. (a) A party seeking discovery which the opposing

party refuses to provide shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) pages.

An Answer to the Rule 37 motion, not to exceed four (4) pages, shall be filed within five (5) days of service of the motion. reply is permitted. (b) All papers shall set forth in a plain and No

concise manner the issue(so in dispute, the party's position on the issue(s), and the reasons for the party's position. (c) Upon receipt of the Answer, the movant shall

notify Chambers by e-mail at [email protected] that the parties have completed briefing. (d) Upon receipt of the 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 file, unless otherwise ordered by the Court. 6. Amendment of the Pleadings. All motions to amend

the pleadings shall be filed on or before November 30, 2005. 7. Case Dispositive Motions. Any case dispositive

motions, pursuant to the Federal Rules of Civil Procedure, shall 3

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be served and filed with an opening brief on or before December 30, 2005. 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 of the Court. 8. Applications by Motion. (a) Any applications to the Court shall be by

written motion filed with the Clerk of the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of Civil Practice for the United States District Court for the District of Delaware (Amended Effective January 1, 1995). Any

non-dispositive motion shall contain the statement required by D. Del. LR 7.1.1. pages. Briefs shall be limited to no more than ten (10)

Parties may file stipulated and unopposed Orders with the The Court

Clerk of the Court for the Court's review and signing.

will not consider applications and requests submitted by letter or in a form other than a motion. (b) (c) Chambers. (d) Any party with a true emergency matter No facsimile transmissions will be accepted. No telephone calls shall be made to

requiring the assistance of the Court shall e-mail Chambers at: [email protected]. The e-mail shall provide a short

statement describing the emergency.

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DATE

UNITED STATES DISTRICT JUDGE

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