Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01254-GIVIS Document 33 Filed 10/O3/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ESTATE OF HARRY SMITH, HI, )
‘ HARRY SMITH, JR., AND ROSLYN )
` WOODARD SMITH, )
Plaintiffs, )
I v. ) Civil Action No.: 04-1254 (GMS)
WILMINGTON POLICE DEPARTMENT, )
MICHAEL SZCZERBA, AND ONE OR )
MORE JOHN DOES, )
Defendant. )
SCHEDULING ORDER
The Court having conducted a scheduling conference pursuant to Local Rule I6.2(b) on
September 22, 2005, and the parties having determined after discussion that the matter cannot be
resolved at this juncture by settlement, voluntary mediation or binding arbitration;
IT IS ORDERED that:
1. Rule 26(a) Initial Disclosures. The parties shall make their initial disclosures pursuant
to Federal Rule of Civil Procedure 26(a) on or before October 7, 2005.
2. Discoveg. All fact discovery in this case shall be initiated so that it will be completed
on or before May 31, 2006. Expert discovery in this case shall be initiated so that it will be
completed on or before June 30, 2006. Expert reports shall be served on or before May 31, 2006,
and rebuttal expert reports shall be served on or before June 30, 2006. Expert depositions shall
completed by August 15, 2006.
a. Discovery Matters. Should counsel find they are unable to resolve a discovery
matter, the party seeking the relief shall contact chambers at (302) 573-6470 to schedule a telephone

Case 1 :04-cv-01254-GIVIS Document 33 Filed 10/O3/2005 Page 2 of 4
’ conference. Not less than forty-eight hours prior to the conference, by hand delivery or facsimile at
(302) 573-6472, the party seeking relief shall file with the court a letter agenda not to exceed two
(2) pages outlining the issues in dispute. Should the court find further briefing necessary upon
conclusion of the telephone conference, the court shall order the party seeking relief to file with the
court a TWO PAGE LETTER, exclusive of exhibits, describing the issues in contention. The
responding party shall file within five (5) days from the date of service of the opening letter an
answering letter of no more than TWO PAGES. The party seeking relief may then file a reply letter
of no more than TWO PAGES within three (3) days from the date of service ofthe answering letter.
3. Confidential Information and Papers filed under Seal. Should counsel find it will be
necessary to apply to the court for a protective order specifying terms and conditions for the
disclosure of confidential information, they should confer and attempt to reach an agreement on a
proposed form of order and submit it to the court within 10 days from the date of this order. When
filing papers under seal, counsel should deliver to the Clerk an original and two copies ofthe papers.
If after making a diligent effort the parties are unable to agree on the contents of the
joint proposed protective order, then they shall follow the dispute resolution process outlined
in paragraph 3(a).
4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to the United
States Magistrate for the purpose of exploring the possibility of a settlement. If the parties agree that
the possibility of settlement may be enhanced by such referral, the parties shall contact Magistrate
Judge Thynge to schedule a settlement conference with counsel and clients.
5. Case Dispositive Motions. All case dispositive motions and an opening brief and
affidavits, if any, in support of the motion shall be served and filed on or before June 14, 2006.
Briefing will be presented pursuant to the Court's Local Rules, unless the parties agree to an

. Case 1:04-cv-01254-G|\/IS Document 33 Filed 10/O3/2005 Page 3 of 4
altemative briefing schedule. Any such agreement shall be in writing and filed with the Court for
the Court’s approval.
6. Applications by Motion. Except as provided in this Order or for matters relating to
scheduling, 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 should contain the statement required by Local Rule 7.1.1.
7. Oral Argument. If the Court believes that oral argument is necessary, the Court will
schedule a hearing Pursuant to Local Rule 7.1.4.
8. Pretrial Conference. On October 17, 2006, the Court will hold a Pretrial Conference
in Chambers with counsel beginning at 10:00 a.m. Unless otherwise ordered by the Court, the
parties should asstune that filing the pretrial order satisfies the pretrial disclosure requirement in
Federal Rule of Civil Procedure 26(a)(3). Thirty (30) days before the joint proposed pretrial order
is due, plaintiff" s counsel shall forward to defendant’s counsel a draft ofthe pretrial order containing
the information plaintiff proposes to include in the draft. Defendant’s counsel shall, in tum, provide
to plaintiff’ s counsel any comments on the plaintiff" s draft as well as the information defendant
proposes to include in the proposed pretrial order. Motions in limine: No party shall file more than
ten (10) motions in limine. Briefs (opening, answering and reply) on al1 motions in limine shall
be filed by September 25, 2006. Opening and answering briefs shall not exceed five (5) pages and
reply briefs shall not exceed three (3) pages. The parties shall file with the court the joint proposed
final pretrial order with the information required by the form of Final Pretrial Order which
accompanies this Scheduling Order on or before September 25, 2006.
9. . This matter is scheduled for a 5-day Jug Trial beginning at 9:00 a .m. on
November 6, 2006.

Case 1:04-cv—O1254-G|\/IS Document 33 Filed 10/O3/2005 Page 4 of 4
10. Scheduling. The parties shall direct any requests or questions regarding the scheduling
and management of this matter to Chambers at (302) 573-6470.
04*
Date: Sgpterffber 3 , 2005 —
ED ST ES DIS T GE
Rev. l/2005
F I L E D T
u. .
¤.s$R%$2*é%LE2#2§¤