Free Scheduling Order - District Court of Delaware - Delaware


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Date: July 14, 2005
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Category: District Court of Delaware
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Case 1:04-cv—01200—SLR Document 30 Filed 07/14/2005 Page1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RUSSELL STEWART, )
Plaintiff, g
v. g Civ. No. O4—l200—SLR
STATE OF DELAWARE, DEPARTMENT g
OF PUBLIC SAFETY, CAPITOL )
PoLicE, )
Defendant. g
O R D E R
At Wilmington this |}#* day of July, 2005, the parties
having Satisfied their obligations under Fed. R. Civ. P. 26(f),
and the court having conducted a pretrial scheduling conference
pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b);
IT IS ORDERED that:
1. Pre—Discovery Disclosures. The parties have exchanged
the information required by Fed. R. Civ. P. 26(a)(I) and D. Del.
LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following
subjects: Capital Police interview process.
(b) All fact discovery shall be commenced in time to
be completed by August 31, 2005.
(c) Maximum of 35 interrogatories by each party to any

Case 1:04-cv—01200—SLR Document 30 Filed 07/14/2005 Page 2 of 3
other party.
(d) Maximum of 10 requests for admission by each party
to any other party.
(e) Maximum of 5 depositions by plaintiff and 5 by
defendant.
(f) Each deposition limited to a maximum of 3 hours
unless extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2)
on issues for which any party has the burden of proof due by
September 15, 2005. Rebuttal expert reports due by September 30,
2005.
(h) Discovery Disputes. Any discovery dispute shall be
submitted to the court pursuant to Fed. R. Civ. P. 37. During
the course of discovery, each party is limited to two (2) Rule 37
motions. The court shall make itself available, however, to
resolve through a telephone conference, disputes that arise
during the course of a deposition and disputes related to entry
of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and
Class Certification. All motions to join other parties, amend
the pleadings, and certify a class action shall be filed on or
before July 29, 2005.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636,
this matter is referred to Magistrate Judge Thynge for the
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Case 1:04-cv—01200—SLR Document 30 Filed 07/14/2005 Page 3 of 3
purposes of exploring ADR.
5. Summary Judgment Motions. All summary judgment motions
shall be served and filed with an opening brief on or before
October 30, 2005. Briefing shall be pursuant to D. Del. LR
7.1.2. No summary judgment motion may be filed more than ten
(10) days from the above date without leave of the court.
6. Applications by Motion. 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 shall contain the statement required by D.
Del. LR 7.1.1.
United Sta es District Judge
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