Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-01228-GIVIS Document 21 Filed 09/23/2005 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MPI MECHANICAL, INC., :
Plaintiff,
: Case No. 04-1228 GMS
F EDERALIINSURANCE COMPANY, :
Defendant.
RULE 16 SCHEDULING ORDER A-
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 1 1,
2005.
2. J oinder of other Parties and Amendment of Pleadings: All motions to join A
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.
(a) Discovery maters. Should counsel find they are unable to resolve a I
discovery matter, the party seeking the relief shall contact Chambers at (3 02) 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

Case 1 :04-cv—01228-GIVIS Document 21 Filed 09/23/2005 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.
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
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. V
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) herein.
5. Settlement Conference. Pursuant to 28 U.S.C. §63 6, 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 V
progress of efforts to settle this dispute. Plaintiffs counsel shall initiate the telephone call.
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Case 1 :04-cv—01228-GIVIS Document 21 Filed 09/23/2005 Page 3 of 4
If 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. 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 February 10,
2006. Briefing will be presented pursuant to the Court’s Local Rules, unless the parties agree to
an alternative briefing schedule. Any such agreement shall be in writing and filed with the Court,
for the COllI't’S approval.
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
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, Plaintiff"s counsel shall forward to Defendant’s counsel a draft of
the pretrial order, containing the information Plaintiff proposes to include in the draft.
Defendant’s counsel shall, in turn, provide to Plaintiff’ s counsel any comments on Plaintiffs
draft, as well as the information Defendant proposes to include in the proposed pretrial order.
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Case 1 :04-cv—01228-GIVIS Document 21 Filed 09/23/2005 Page 4 of 4
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 March 10, 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 infomation
required, by the form of the Final Pretrial Order which accompanies this Scheduling Order, on or
before March 6, 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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