Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv—00897-SLR Document 43 Filed 1 1/17/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BARBARA MACHETTE, :
Plaintiff,
v. Docket No. 04-897
CAESAR RODNEY SCHOOL DISTRICT
and CAESAR RODNEY BOARD OF :
EDUCATION, THE DEPARTMENT OF :
EDUCATION OF THE STATE OF :
DELAWARE and OFFICE OF :
DISCIPLINARY COUNSEL, :
Defendants.
STIPULATED SCHEDULING ORDER
This I {HA day of November, 2006, the parties having satisfied their obligations
under Fed. R. Civ. P. 26(U, and the court having conducted a pretrial scheduling
conference pursuant to Fed. R. Civ. P. I6 and D. Del. LR l6.2(a) and (b).
IT IS hereby stipulated that:
l. Pre-Discovery Disclosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects:
The nature of Plaintiff] Derrick Serrano’s disability and the
event(s) leading to his discipline and all related information known, considered, andfor in
the possession of the parties at the time surrounding the manifestation determination
and/or subsequent Due Process hearing findings.
WILDMS l37S33v.l

Case 1:04-cv—00897-SLR Document 43 Filed 11/17/2006 Page 2 of 3
(b) All discovery shall be commenced in time to be completed by July
31, 2007.
(c) Maximum of 40 interrogatories by each part to any other party.
(d) Maximum of 40 requests for admission by each party to any other
party.
(e) Maximum of 5 depositions by plaintiff and 5 by defendant.
(I) Each deposition shall be limited to a maximum of 3 hours unless
extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by March 1, 2007. Rebuttal expert reports
due by April 15, 2007. All motions due by August 31, 2007.
(h) Supplementations under Rule 26(e) due bi-monthly.
(i) Discovery Disputes. Any discovery dispute shall be limited 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 a 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 Class
Certification. All motions to joint other parties, amend the pleadings, and certify a class
action shall be tiled on or before February 1, 2007.
4. Settlement Conference. Deferred.
5. Summary Judgment Motions. All summary judgment motions shall be
served and tiled with an opening brief on or before October l, 2007. Briefing shall be
2
WILDMS l37833v.l

Case 1:04-cv—00897-SLB Document 43 Filed 11/17/2006 Page 3 of 3
pursuant to D. Del. LR 7.1.2. No summary judgment motions may be filed more than ten
(10) days from the above date without leave ofthe court.
6. Applications by Motion. 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
shall contain the statement required by D. Del. LR 7.1.1.
SWARTZ CAMPBELL, LLC WHITE AND WILLIAMS LLP
By: /s/ Neil R. Lapinski By: /s/ William L. Doerler
NEIL R. LAPINSKI (#3645) WILLIAM L. DOERLER (#3627)
300 Delaware Avenue 824 N. Market Street, Suite 902
Suite 1130 P.O. Box 709
P. O. Box 330 Wilmington, DE 19899-0709
Wilmington, DE 19899-0330 Phone: 302.467.4508
Attorney for Plaz`nt@” Barbara Machette Attorney for Defendants, Caesar Rodney School
District and Caesar Rodney Board ofEducatfon
Date: November 10, 2006
Date: November I0, 2006
SO ORDERED this ltd-r` day of Mo Vu-v~iu.A_; , 2006.
Unigd Etates Dis%ct Judge
3
WILDMS 137833v.i