Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00960-SLR

Document 22-2

Filed 06/01/2005

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) J-SQUARED TECHNOLOGIES (OREGON) ) INC., ) an Oregon corporation, ) ) Plaintiffs, ) ) v. ) ) MOTOROLA, INC., ) a Delaware corporation ) ) Defendant. ) O R D E R At Wilmington this day of , 2005, the J-SQUARED TECHNOLOGIES, INC., a Canadian corporation, and

C.A. No. 04-960-SLR JURY TRIAL DEMANDED

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 will exchange

by June 24, 2005 the information required by Fed R. Civ. P. 26(a)(1) and D. Del. LR 16.2. 2. Discovery. (a) subjects: Discovery will be needed on the following

WILM1\30612\1 153371.000

Case 1:04-cv-00960-SLR

Document 22-2

Filed 06/01/2005

Page 2 of 5

(i)

The analysis of the Manufacturer's

Representative Agreements ("MRAs") conducted by Defendant's employees; (ii) The substance of the discussions and

negotiations between Plaintiffs' employees and Defendant's employees relating to the MRAs; (iii) The administration and oversight of the

MRAs and the commissions paid pursuant thereto; (iv) The evaluation of Plaintiffs' performance

under the MRAs; (v) MRAs; (vi) The representations made by Defendant's The decision not to renew/terminate the

employees to manufacturer's representatives regarding the MRAs; (vii) Defendant's actions related to other

Manufacturer's Representatives and the decision by Defendant to end its independent sales program; and (viii) The value Defendant placed on its

Embedded Communications Computing Group both before and after Defendant's decision to end the use of the independent sales program. (b) All discovery shall be commenced in time to be

completed by December 1, 2005.

WILM1\30612\1 153371.000

2

Case 1:04-cv-00960-SLR

Document 22-2

Filed 06/01/2005

Page 3 of 5

(c)

Maximum of 25 interrogatories by each party to

any other party. (d) Maximum of 15 requests for admission by each

party to any other party. (e) Maximum of 12 depositions by plaintiffs and 12

depositions by defendant. (f) Each deposition is limited to a maximum of 16

testifying hours unless extended by agreement of the parties. (g) Reports from retained experts under Rule 26(a)(2)

on issues for which any party has the burden of proof due by February 1, 2006. Rebuttal expert reports (including expert

reports on which the party does not have the burden of proof) due by March 17, 2006. (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 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 All motions to join other parties, amend

Class Certification.

the pleadings, and certify a class action shall be filed on or before September 2, 2005.

WILM1\30612\1 153371.000

3

Case 1:04-cv-00960-SLR

Document 22-2

Filed 06/01/2005

Page 4 of 5

4.

Settlement Conference.

Pursuant to 28 U.S.C. § 636,

this matter is referred to Magistrate Judge Thynge for the purposes of exploring ADR. 5. Summary Judgment Motions. All summary judgment

motions shall be served and filed with an opening brief on or before May 1, 2006. 7.1.2. Briefing shall be pursuant to D. Del. LR

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 Unless

shall be by written motion filed with the clerk.

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. 7. Motions in Limine. All motions in limine shall be

filed on or before [three weeks before pretrial conference]. All responses to said motions shall be filed on or before [one week before pretrial conference]. papers submitted. 8. Pretrial Conference. A pretrial conference will be There shall be no reply

held on ____________________ at _________ 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.

WILM1\30612\1 153371.000

4

Case 1:04-cv-00960-SLR

Document 22-2

Filed 06/01/2005

Page 5 of 5

9.

Trial.

This matter is scheduled for a 8 day jury

trial commencing on __________________________ in 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.

Chief Judge Sue L. Robinson

WILM1\30612\1 153371.000

5