Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-00970-JJF Document 12 Filed 11/18/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
TERRY L. SNYDER, )
Plaintiff, g C.A. N 0. 04-970(JJ F)
v. i
)
CITISTEEL USA, INC. )
)
)
Defendant. )
SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by January 15,
2006 the information required by Fed. R. Civ. P. 26 (a) (1) and D. Del. LR 16.2.
2. J oinder of other Parties. All motions to join other parties shall be filed
on or before January 30, 2006.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to the Magistrate Judge Thynge for the purpose of exploring the possibility of a
settlement. If the parties agree that they would benefit from a settlement conference, the
parties shall contact Magistrate Judge Thynge to schedule a settlement conference so as
to be completed no later than the Pretrial Conference or a date ordered by the Court.
4. Discovery. I I
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Case 1:04-cv-00970-JJF Document 12 Filed 11/18/2005 Page 2 of 4
(a) Exchange and completion of interrogatories, identification of all
fact witnesses and document production shall be commenced so as to be completed by
September 1, 2006.
(b) Maximum of 50 interrogatories by each party to any other party.
(c) Maximum of 50 requests for admission by each party to any other
party-
(d) Maximum of 10 depositions by plaintiff and 10 by defendant.
Depositions shall not commence until the discovery required by Paragraph 4 (a,b and c)
are completed.
(e) Reports from retained experts requirecl by Fed. R. Civ. P. 26 (a) (2)
are due from the plaintiff by September 1, 2006; from the defendants by October 6,
2006.
(t) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than thirty (30) days from receipt of said expe1“t’s
report, unless otherwise agreed in writing by the parties.
l
5. Discovery Disputes.
`
(a) A party seeldngicliscovery which the opposing party refuses to
provide shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil
Procedure and Local Rule 37.1. Said motion shall not exceed a total of four (4) pages.
An Answer to the Rule 37 motion, not to exceed four (4) pages, shall be filed within five
. (5) days of service ofthe motion. No reply is permitted.
. I (b) All papers shall set forth in a plain and concise manner the issue(s)

Case 1:04-cv-00970-JJF Document 12 Filed 11/18/2005 Page 3 of 4
(c) Upon receipt of the Answer, the movant shall notify Chambers by
e—rnail at [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s email, the Cotut will determine
whether a conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a patty may
file, unless otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before March 15, 2006.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to
the Federal Rules of Civil Procedure, shall be served and filed with an opening brief on
or before November 21, 2006. Briefing shall be pursuant to D. Del. LR 7.1.2, except
that any party shall have at least thirty (30) days to respond to an opening brief No case
dispositive motion may be filed more than ten (10) days from the above date without
leave of the Court. Opening and Answering Briefs shall be limited to forty (40) pages
each.
8. Applications by Motto
(a) Any applicationséio the Court shall be by written motion tiled with
the Clerk of the Court in compliance th the Federal Rules of Civil Procedure and the
Local Rules of Civil Practice for the? nited States District Court for the District of
Delaware (Amended Effective Januaihy l, 1995). Any non·dispositive motion shall
contain the statement required by D. Del. LR 7.1.1. Other than dispositive motions,
briefs shall be limited to no more than ten (l0) pages. Parties may tile stipulated and
I - unopposed Orders with the Clerk of the Court for the Coug,%review and signing. The

Case 1:04-cv-00970-JJF Document 12 Filed 11/18/2005 Page 4 of 4
Court will not consider applications and requests submitted by letter or in a form other
than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of
the Court shall e·mail Chambers at: j j [email protected]. The e-mail shall provide
a short statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date should be scheduled when
the Scheduling Order is entered or at the Pretrial Conference. lf scheduling of the trial
date is deferred until the Pretrial Conference, the parties and counsel shall anticipate and
prepare for a trial to be held within sixty (60) to ninety (90) days of the Pretrial
Conference.
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