Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-01200-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RUSSELL STEWART, Plaintiffs, v. STATE OF DELAWARE, DEPARTMENT OF PUBLIC SAFETY, CAPITOL POLICE, Defendant ) ) ) ) ) ) ) ) ) ) )

Civ. No. 04-1200-SLR

O R D E R This day of , 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)(1) 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. (1) Document production shall be completed on or

before July 29, 2005. (2) Maximum of 35 interrogatories by each

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party to any other party. (3) Maximum of 10 requests for admission by

each party to any other party. (4) In the absence of agreement among the parties

or by order of the court, no deposition (other than those noticed under Fed. R. Civ. P. 30(b)(6) shall be scheduled prior to the completion of document production. (5) plaintiff(s) and 5 Maximum of 5 fact depositions by

by defendant(s). Each fact deposition 3 hours extended by agreement of

limited to a maximum of parties. (c)

Expert discovery shall be commenced in time to be

completed by September 30, 2005. (1) Expert report on issues for which the parties

have the burden of proof due September 15, 2005 . Rebuttal expert reports due September 30, 2005 . (2) of 4 Expert depositions to be limited to a maximum

hours unless extended by agreement of the parties. (3) All Daubert motions shall be filed on or .

before (d)

November 30, 2005

Supplementations under Rule 26(e) due December 15, 2005.

(e)

Discovery Disputes. (1) The court shall conduct in-person discovery status

conferences on

from

m. to

m., and on

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from

m.

to

m., the time to be

allocated equally among the parties. (2) The court shall remain available to resolve by

telephone conference disputes that arise during the course of a deposition and disputes over the terms of a protective order. (3) Absent express approval of the court following a

discovery conference, no motions pursuant to Fed. R. Civ. P. 37 shall be filed. (f) Fact Witnesses to be Called at Trial. Within one (1)

month following the close of expert discovery, each party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony), who has previously been disclosed during discovery and that it intends to call at trial. Within one (1) month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact witness that it intends to call at trial. The parties shall have the right to depose any such fact witnesses who have not previously been deposed in this case. Such deposition shall be held within one (1) month after service of the list of rebuttal fact witnesses and shall be limited to twenty (20) hours per side in the aggregate unless extended by agreement of the parties or upon order of the court upon good cause shown. 3. Joinder of other Parties and Amendment of Pleadings.

All motions to join other parties and amend the pleadings shall

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be filed on or before 4. Settlement Conference.

. Pursuant to 28 U.S.C. §636,

this matter is referred to Magistrate Judge Thynge for the purpose of exploring ADR. 5. Claim Construction Issue Identification. If the court

does not find that a limited earlier claim construction would be helpful in resolving the case, on , the parties

shall exchange lists of those claim terms that they believe need construction and their proposed claim construction of those terms. This document will not be filed with the court. Subsequent to exchanging such lists, the parties will meet and confer to prepare a Joint Claim Construction Statement to be submitted pursuant to paragraph 7 below. 6. Summary Judgment Motions. All summary judgment motions

shall be served and filed with an opening brief on or before . Briefing shall be pursuant to D. Del. LR 7.1.2. No summary judgment motion may be filed more that ten (10) days from the above date without leave of the court. 7. Claim Construction. Issues of claim construction shall ,

be submitted to the court no later than to be considered by the court in conjunction with the summary judgment motions. 8. Applications by Motion. Any application to the court

shall be by written motion filed with the clerk. The court will not consider applications and requests submitted by letter or in

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a form other than a motion, absent express approval by the court. (a) Any non-dispositive motion should contain the statement

required by D. Del. LR 7.1.1. (b) (c) No telephone calls shall be made to chambers. Any party with an emergency matter requiring the

assistance of the court shall e-mail chambers at: slr [email protected]. The e-mail shall provide a short statement describing the emergency. NO ATTACHMENTS shall be submitted in connection with said e-mails. 9. Motions in Limine. No motions in limine shall be

filed; instead the parties shall be prepared to address their evidentiary issues at the pretrial conference and during trial (before and after the trial day). 10. held on Pretrial Conference. at A pretrial conference will be m. in courtroom 6B, sixth

floor Federal Building, 844 King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall govern the pretrial conference. 11. Trial. This matter is scheduled for a [day/week] in

bench/jury trial commencing on courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington, Delaware. For purposes of completing pretrial

preparations, the parties should plan on being allocated a total number of hours in which to present their respective cases.

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United States District Judge