Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv—00939-GIVIS Document 20 Filed 05/24/2005 Page 1 of 4
IN Tl-IE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
MERCK & CO., INC., )
Plaintiff, g
V- ) C.A. No. 04-939 (HF)
TEVA PHARMACEUTICALS USA, INC. g
Defendant. g

RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
I l. Pre-Discovery Disclosures. The parties will exchange by March 7, 2005
the infonnation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other patties shall be filed
on or before May 9, 2005. I
3. Discovery.
(a) Exchange and completion of contention interrogatories,
identification of fact witnesses and document production shall be commenced so as to be
substantially completed by July 12, 2005. Fact discovery shall be served so as to be completed
by October 17, 2005.
(b) Maximum of fifty (50) interrogatories, including contention
interrogatories, for each side.
(c) Maximum of Efty (50) requests for admission by each side.

(d) Maximum of ten (10) depositions by plaint·iff(s) and ten (10) by
det`endant(s), excluding expert depositions. Depositions shall not commence until the discovery
required by Paragraph 3(a, b and c) has been substantially completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from the party with the burden of proof by November 13, 2005; rebuttal report by
December 16, 2005.
(I) Any party desiring to depose an expert witness shall notice and
complete said deposition by January 20, 2006, unless otherwise agreed in writing by the parties
or ordered by the Court.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to
provide shall tile a motion (no briet) 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 and must specify that
the filing is pursuant to the Discovery Dispute procedures provided in this paragraph. An I
Answer to the Rule 37 motion, not to exceed four (4) pages, shall be tiled within iive (5) days of
service ofthe motion. No reply is permitted.
(b) All papers shall set forth in a plain and concise manner the issue(s)
in dispute, the party’ s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by
e—mail at j j [email protected]. gov that the dispute is ready for decision.,
(d) Upon receipt of the movant’s e-mail, the Court will determine
whether a conference is necessary and advise the parties accordingly.
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Case 1:04-cv—00939-G|\/IS Document 20 Filed 05/24/2005 Page 3 of 4
(e) There is no limit on the number of Rule 37 motions a party may
file, unless otherwise ordered by the Court. ‘
5; Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before July 26, 2005. ‘ ‘
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and tiled with an opening brief on or before
February 13, 2006. Answer briefs shall be due on March 13, 2006 and reply briefs March 27,
2006. No case dispositive motion may be tiled more than ten (10) days from the above date
without leave of the Court. The Court will issue a separate Order regarding procedures for filing
summary judgment motions.
- 7. Markman. A Markman Hearing will be held on .
Opening claim construction briefs shall be due on February 13, 2006, and answering claim
combustion briefs on March 13, 2006. The Court, after reviewing the briefing, will allocate
time to the parties for the hearing.
S. Applications by Motion. `
(a) Any applications to the Court shall be by written motion filed with
the Clerk of the Court in compliance with the Federal Rules of Civil Procedure and the Local
Rules of Civil Practice for the United States District Court for the District of Delaware
(Amended Effective January 1, 1995). Any non-dispositive motion shall contain the statement
required by D. Del. LR 7.1.1. Parties may file stipulated and unopposed Orders with the Clerk of
the Court for the Court’s review and signing. The 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.
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Case 1:04-cv—00939-G|\/IS Document 20 Filed 05/24/2005 Page 4 of 4
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of
the Court shall c-mail Chambers at: [email protected]. The e-mail shall provide a
short statement describing the emergency.
9. Pretrial Conference and Trial. The Court will schedule a Pretrial
Conference and Trial after reviewing the PBITIGS, proposed scheduling order.- [The parties
suggest May 17-20, 2006 for the trial and April I3, 2006 for the filing ofthe pretrial order.]
DATE UNITED STATES DISTRICT JUDGE
waz;
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