Free Motion for Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01228-GIVIS Document 22 Filed 09/26/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MPI MECHANICAL, INC., :
Plaintiff,
: Case No. 04-1228 GMS
FEDERALIIINSURANCE COMPANY, :
Defendant.
AMENDED RULE 16 SCHEDULING ORDER _
This ____day of _ , 2005, the Court having conducted an initial
Rule 16 Scheduling and Planning Conference pursuant to Local Rule l6.2(b) on September 15,
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 26ga) Initial Disclosures: Unless otherwise agreed to by the parties, they
shall make their initial disclosures pursuant to Fed. R. Civ. Pro. 26(a), on or before October ll,
2005.
2. Joinder of other Parties and Amendment of Pleadings: All motions to join _
E other parties shall be filed on or before October 14, 2005.
_ 3. Discovery. All discovery in this case shall be initiated so that it will be
completed on or before January 31, 2006. i
(a) Discoveg; maters. 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 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 U

Case 1 :04-cv-01228-GIVIS Document 22 Filed 09/26/2005 Page 2 of 4
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 of the answering letter. .
A 4. 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
r on a proposed form of order and submit it to the court within ten (10) days from the date of this
Order. When filing papers under seal, counsel should deliver to the Clerk, an original and two
copies of the 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 foHow the dispute resolution process,
outlined in paragraph 3(a) herein. A
5. 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.
6. Status/Settlement Conference. On , 200__, the Court
will hold a conference by telephone with counsel, beginning at _.m., to discuss the
progress of efforts to settle this dispute. Plaintiff"s cotuisel shall initiate the telephone call.
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Case 1 :04-cv-01228-GIVIS Document 22 Filed 09/26/2005 Page 3 of 4
lf no efforts have been made or those efforts have to date been unsuccessful, then counsel
shall be prepared to discuss the possibility of setting up a settlement conference with the Court,
with counsel and their clients.
7. Case Dispositive Motions. N/A.
8. Application 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.
9. Oral Argument. IF the Court believes that oral argument is necessary, the Court
will schedule a hearing, pursuant to Local Rule 7.14.
10. Pretrial Conference. On March 7, 2006, the Court will hold a Pretrial I
Conference in Chambers with counsel, beginning at 10:00 a.m. Unless otherwise ordered by the
Court, the parties should assume 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, Plaintiffs counsel shall forward to Defendant’s counsel a draft of
the pretrial order, containing the infonnation Plaintiff proposes to include in the draft. ‘
Defendant’s counsel shall, in turn, provide to Plaintiff"s counsel any comments on 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 and
answering) on all motions in limine shall be filed by February 20, 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
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Case 1 :04-cv-01228-GIVIS Document 22 Filed 09/26/2005 Page 4 of 4
required, by the fomi of the Final Pretrial Order which accompanies this Scheduling Order, on or
before February 20, 2006. `
ll. Trial. This matter is scheduled for a 3-day trial, beginning at 9:00 a.m. on March
29, 2006.
12. Scheduling. The parties shall direct any requests or questions regarding the
scheduling and management of this matter to Chambers, at (302) 573-6470. »
, United States District Judge
RKB/msj
05750-0001
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