Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-00897-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : Plaintiff, : : v. : : 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. : BARBARA MACHETTE,

Docket No. 04-897

STIPULATED SCHEDULING ORDER This 10th day of November, 2006, the 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 hereby stipulated that: 1. Pre-Discovery Disclosures. The parties have exchanged the information

required by Fed. R. Civ. P. 26(a)(1) 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, and/or in the possession of the parties at the time surrounding the manifestation determination and/or subsequent Due Process hearing findings.

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(b) 31, 2007. (c) (d) party. (e) (f)

All discovery shall be commenced in time to be completed by July

Maximum of 40 interrogatories by each part to any other party. Maximum of 40 requests for admission by each party to any other

Maximum of 5 depositions by plaintiff and 5 by defendant. 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 Daubert motions due by August 31, 2007. (h) (i) Supplementations under Rule 26(e) due bi-monthly. 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 filed on or before February 1, 2007. 4. 5. Settlement Conference. Deferred . Summary Judgment Motions. All summary judgment motions shall be

served and filed with an opening brief on or before October 1, 2007. Briefing shall be

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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 of the 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___ NEIL R. LAPINSKI (#3645) 300 Delaware Avenue Suite 1130 P. O. Box 330 Wilmington, DE 19899-0330 Attorney for Plaintiff Barbara Machette Date: November 10, 2006

By: /s/ William L. Doerler WILLIAM L. DOERLER (#3627) 824 N. Market Street, Suite 902 P.O. Box 709 Wilmington, DE 19899-0709 Phone: 302.467.4508 Attorney for Defendants, Caesar Rodney School District and Caesar Rodney Board of Education Date: November 10, 2006

SO ORDERED this ____________ day of _______________, 2006. _______________________________ United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BARBARA MACHETTE, : : Plaintiff, : : v. : : 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. :

Docket No. 04-897

CERTIFICATE OF SERVICE I, William L. Doerler, certify that on this 10th day of November, 2006, a copy of the foregoing Stipulated Scheduling Order were delivered via First Class Mail, postage prepaid and/or E-File and Serve upon: Neil R. Lapinski, Esquire Swartz Campbell, LLC 300 Delaware Avenue Suite 1130 P. O. Box 330 Wilmington, DE 19899-0330

WHITE AND WILLIAMS LLP

BY:

/s/ William L. Doerler WILLIAM L. DOERLER (#3627) 824 N. Market Street, Suite 902 P.O. Box 709 Wilmington, DE 19899-0709 Phone: 302.467.4508 Attorney for Defendants, Caesar Rodney School District and Caesar Rodney Board of Education

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