Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01026-KAJ Document 39 Filed 02/08/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWA@
In re;
Nationsllent, Inc., etc1t`.,l Case Nos. O1-1 1623 through Ol-l 1639 (PJW)
Jointly Administered
Debtors. Chapter 1 I
NationsRent Unsecured Creditors’
Liquidating Trust, Perry Mandarino, not
personally, but as Trustee
Plaintiff] Case No. 04-CV-i026 (KAJ)
v.
Bobcat Company,
Defendant.
SCI-[EDULIN G ORDER
Upon the request of parties for the entry of the Scheduling Order, and the Court having
conducted a hearing on February l, 2006,
IT IS HEREBY ORDERED that:
3. Discoveiy,
a. Limitation on Hours for Deposition Discovery. Each side is limited to a total
of 24 hours of taking testimony by deposition ot` fact witnesses upon oral examination.
b. Location of Depositions. Any party or representative (officer, director, or
managing agent) of a party tiling a civil action in this district court must ordinarily be required, upon
request, to submit to a deposition at a place designated within this district. Exceptions to this general
i NationsRent USA, Inc., NationsRentTra:1sp0riali0n Services, Inc., NR Delaware, Inc., NRGP, Inc., Natiorisiient
West, Inc., Logan Equipment Corp., NR Dealer, Inc., NR Franchise Company, Inc., Nationsllcnt of'l`exas, LP, and
Natioiisllcnt oflndiana, LP
SD4911\/2
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rule may be made by order of the Court. A defendant who becomes a eounterclaimant, cross-
claimant, or thirdparty plaintiff shall be considered as having tiled an action in this Court for the
purpose of this provision.
e. Fact Discovery Cut Off. All fact discovery in these eases shall be initiated so
that it will be completed on or before April 20, 2006. The Court encourages the parties to serve and
respond to contention interrogatories early in the ease. Unless otherwise ordered bythe Court, the
limitations on discovery set forth in Local Rule 26.1 shall be strictly observed.
d. Disclosure of Expert Testimony. Unless otherwise agreed to bythe parties,
they shall tile their initial Federal Rule of Civil Procedure 26(a)(2) disclosures of expert testimony on
or before April 27, 2006, and they shall tile a supplemental disclosure to contradict or rebut evidence
on the same subject matter identified by another party on or before May 1 1, 2006. To the extent any
objection to expert testimony is made pursuant to the principles announced in Daubert v.M:ggh
Dow Pharnyjpgy, 509 U.Sr 579 (1993), it shail be made by motion no later than the deadline for
dispositive motions set forth herein, unless otherwise ordered bythe Court. All expert discovery shall
be initiated so that it will be completed on or before June 1, 2006.
e. &o_r_;ery Disputes. Should counsel find they are unable to resolve a
discovery dispute, the party seeking the relief shall contact chambers at (3 O2) 573-6001 to schedule a
telephone conference. Not less than forty-eight hours prior to the conference, the party seeking relief
shall tile with the Court a letter, not to exceed three pages, outlining the issues in dispute and its
position on those issues. (The Court does not seek extensive argument or authorities at this point, it
seeks simply a statement of the issue to be addressed and or summary of the basis for the party's
position on the issue.) Not less than twenty—four hours prior to the conference, any party opposing
the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for
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Case 1 :04-cv—O1026-KAJ Document 39 Filed 02/08/2006 Page 3 of 4
its opposition. Should the Court End further briefing necessary upon conclusion of the telephone
conference, the Court will order it. Disputes over protective orders are to be addressed in the first
instance in accordance with this paragraph.
4. Papers Filed Under Seal. When filing papers under seal, counsel should deliver to the
Clcrk an original and one copy of the papers.
5. Settlement Conference. Pursuant to 28 U.S.C. § 636, all proceedings in which the
Liquidating Trust is seeking to avoid and recover transfers in the amount of $50,000.00 or greater are
referred to the United States Magistrate for the purpose of exploring the possibility of a settlement.
The Magistrate Judge will schedule a settlement conference with counsel and their clients to be held
within ninety days from the date of this Order.
6. Interim Status Report. On March l7, 2006, counsel for the Liquidatrng Trust shall tile
an interim report on the nature of the matters in issue and the progress of discovery to date.
7. Qse ,i_ye Motions. All case dispositive motions, an opening brief, and
affidavits, if any, in support ofthe motion shall be served and filed on or before July 5, 2006. Briefing
will be presented pursuant to the Court's Local Rules.
8. Applications by Motion. Except as otherwise specified herein, 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. A
9, Pretrial/Status Conference On November 20, 2006, the Court will hold a Rule l6(a),
(b), (c), and (d) conference with counsel beginning at 4:30 p.m. to discuss the status of the
proceedings. This pretrial/status conference shall be held on the same date as the status conference in
the remaining adversary proceedings not subject to this order. Unless otherwise ordered by the
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Case 1 :04-cv—O1026-KAJ Document 39 Filed 02/08/2006 Page 4 of 4
Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure
requirement of Federal Rule of Civil Procedure 26(a)(3). 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 October 30, 2006.
10. Motions in Lrmirre. Motions in 1'imirre shall not be separately tiled. All in {irrrine
requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be
limited to tive rrr {irrrrrre requests, unless otherwise permitted by the Court. The in {imma request and
any response shall contain the authorities relied upon; each in lirrrirre request may be supported by a
maximum of five pages of argument and may be opposed by a maximum of five pages ofargument. If
more than one party is supporting or opposing an in {imirre request, such support or opposition shall
be combined in a single five (5) page submission, unless otherwise ordered by the Court. No separate
briefing shall be submitted on in {imirre requests, unless otherwise permitted by thc Court.
l l. @. These adversary proceedings matter are scheduled for a one-half day trial
beginning at 9:00 a.m. on December 18-22, 2006. For the purpose of completing pretrial
preparations, counsel should plan on each side being allocated a total of two hours to present their
case. _ __
'/ \ , Iv ” 0
» r ~, _1&
The Hon rable Kent A. Qgorda
United States District Ju ge
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