Free Scheduling Order - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IT GROUP INC., et al., Debtor. ___________________________________ IT LITIGATION TRUST,, Plaintiff, v. DANIEL A. D'ANIELLO, FRANCIS J. HARVEY, JAMES C. McGILL, RICHARD W. POGUE, PHILIP B. DOLAN, E. MARTIN GIBSON, ROBERT F. PUGLIESE, CHARLES W. SCHMIDT, JAMES DAVID WATKINS, ANTHONY J. DELUCA, HARRY J. SOOSE, CARLYLE GROUP, GARLYLE GROUP L.L.C., CARLYLE PARTNERS II, LP, CARLYLE SBS PARTNERS II, L.P., CARLYLE INTERNATIONAL PARTNERS II L.P., CARLYLE INTERNATIONAL PARTNERS III, C/S INTERNATIONAL PARTNERS, CARLYLE INVESTMENT GROUP L.P. CARLYLE-IT INTERNATIONAL PARTNERS L.P. CARLYLE-IT INTERNATIONAL PARTNERS II L.P., CARLYLE-IT PARTNERS L.P., and T.C. GROUP LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chapter 11 Case No. 02-10118 Jointly Administered

Civil Action No. 04-1268-KAJ

PROPOSED FINAL PRETRIAL ORDER This matter comes before the Court at a final pretrial conference held pursuant to Rule 16, Federal Rules of Civil Procedure. Plaintiff(s) Counsel:

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Defendant(s) Counsel:

I.

Nature of the Case The parties should prepare a brief statement of the nature of the case including the

claims of the parties (personal injury, federal tort claim, breach of contracts, etc.). The principal purpose of this statement is to assist the Court in explaining the case to prospective jurors upon selection of a jury. II. Jurisdiction A. This is an action for:

(State the remedy sought, such as damages, injunctive or declaratory relief.) B. The jurisdiction of the Court is not disputed (or, if the issue has not previously

been raised, the basis on which jurisdiction is contested). 1. jurisdiction. III. Uncontroverted Facts The following facts are not disputed or have been agreed to or stipulated to by the parties: (This section should contain a comprehensive statement of the facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury.) IV. Agreed to Issues of Law The parties agree that the following are the issues to be decided by the Court: If not disputed, state the statutory, constitutional or other basis of

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V.

Witnesses (Please note those who will testify by deposition.) A. List of witnesses the plaintiff expects to call, including experts: 1. 2. B. Expert witnesses. Non-expert witnesses.

List of witnesses defendant expects to call, including experts: 1. 2. Expert witnesses. Non-expert witnesses.

C.

If there are any third parties to the action, they should include an identical list

of witnesses as that contained in Parts A and B above. D. Rebuttal Witnesses. Each of the parties may call such rebuttal witnesses

as may be necessary, without prior notice thereof to the other party. VI. Exhibits As set forth in Local Rule 16.4(d)(6), "A list of pre-marked exhibits, including designations of interrogatories and answers thereto, request for admissions and responses, which each party intends to offer at the trial with a specification of those which will be admitted in evidence without objection, those that will be objected to and the Federal Rule of Evidence in support of said objection and the Federal Rule of Evidence relied upon by the proponent of the exhibit." VII. Damages An itemized statement of all damages, including special damages.

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VIII.

Bifurcated Trial Indicate whether the parties desire a bifurcated trial, and, if so, why.

IX.

Trial Briefs Motions in limine shall not be separately filed. Any in limine requests shall be set

forth, with citation to authorities and brief argument, in the proposed pretrial order. Each party shall be limited to five in limine requests, unless otherwise permitted by the Court. Briefing shall not be submitted on in limine requests, unless otherwise permitted by the Court. X. Limitations, Reservations and Other Matters A. Length of Trial. The probable length of trial is days. The case will

be listed on the trial calendar to be tried when reached. Mark appropriate box: Jury Non-jury alternate jurors.

B. C.

Number of Jurors. There shall be six jurors and

Jury Voir Dire. The Court will conduct voir dire. If voir dire questions are to

be tendered, they should be submitted with the final pretrial order. IT IS ORDERED that this Final Pretrial Order may be modified at the trial of the action, or prior thereto, to prevent manifest injustice or for good cause shown. Such

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modification may be made either on application of counsel for the parties or on motion of the Court. DATED:

UNITED STATES DISTRICT JUDGE

APPROVED AS TO FORM AND SUBSTANCE:

ATTORNEY FOR PLAINTIFF(S)

ATTORNEY FOR DEFENDANT(S)

NOTE: Where a third-party defendant is joined pursuant to Rule 14(a) of the Federal Rules of Civil Procedure, the pretrial order may be suitably modified. The initial page may be modified to reflect the joinder. List attorney's name, address, and telephone number.

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