Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1 :04-cv-00822-JJF Document 27 Filed 06/20/2005 Page 1 of 4
IN TEE UNITED STATES DISTRICT COURT
FOR TI—IE DISTRICT OF DELAWARE
LEON SEGEN, derivatively )
on behalf of INTRAWARE INC., )
I I
Plaintifii )
v. ) C.A. No. 04-822-JJE
" I
COMVEST VENTURE PARTNERS, LP, )
COMVEST MANAGEMENT, LLC, )
COMMONWEALTH ASSOCIATES )
MANAGEMENT COMPANY, INC., )
COMMONWEALTH ASSOCIATES, L.P., )
RMC CAPITAL, LLC, MICHAEL S. FALK, )
ROBERT PRIDDY, TRAVIS L. PROVOW, )
KEITH ROSENBLOOM and INTRAWARE, INC., )
)
Defendants. )
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f), __
IT IS ORDERED that:
I. Pre-Discovery Disclosures. The parties will exchange by July 29, 2005 the
information required by Fed. R. Civ. P. 26(a)(1) and D. Del; LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall he filed on or
before September 30, 2005.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. If the
parties agree that they would benefit iom 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.

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4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact
witnesses and document production shall be commenced so as to be completed by September 30,
2005.
n (b) Maximum of 25 interrogatories by each party to any other party.
(c) Maximum of 25 requests for admission by each party to any other party.
(cl) Maximtun of 10 depositions by plaintiff(s) and l0 by defendant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due
nom the plaintiff(s) by February 24, 2006; from the defendant(s) by March 10, 2006.
(t) Any party desiring to depose an expert witness shall notice and complete
said deposition no later than thirty (30) days nom receipt of said expert’s report, unless otherwise
agreed in writing by the parties.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide
shall file a motion (no brief) pursuant to Rule 37 ofthe 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 tiled within five (5) days of service of the
motion. No reply is permitted.
(b) All papers shall set forth in a plain and concise manner th issue(s) in
dispute, the party’s position on the issue(s), and the reasons for the party’s position.
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(0) Upon receipt of the Answer, the movant shall notify Chambers by e-mail
at jjf [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant’s e—mail, the Court will detennine whether a
conference is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may ile,
unless otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be Bled
on or before December 1, 2005.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
p Rules of Civil Procedure, shall be served and tiled with an opening brief on or before April lil,
2006. Brieiing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed
more than ten (l0) days from the above date without leave of the Court.
8. Applications by Motion. l
(a) Any applications to the Court shall be by written motion filed with the
Clerk ofthe 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 ofthe Court
for the Court°s review and signing. The Cotut 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.
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(d) Any party with a true emergency matter requiring the assistance ofthe
Court shall e—mail Chambers at: jjf [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. If 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 ofthe Preirial Conference.
DATE UNITED STATES DISTRICT JUDGE
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