Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv—00442—SLR Document 10 Filed 06/29/2005 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Inre: Case No. 01-11657 (PJW)
CARIBBEAN PETROLEUM LP, et al}, CHAPTER 11
(J ointly Administered)
Debtors.
I HERNAN SERRANO, TRUSTEE OF THE Case No. 04-442 (SLR)
CARIBBEAN PETROLEUM CREDITORS’
TRUST, AND ON BEHALF OF THE ESTATES
OF THE ABOVE-CAPTIONED DEBTORS,
CARIBBEAN PETROLEUM, ET AL., AS
V AUTHORIZED REPRESENTATIVE,
Plaintifij
v.
GULF CHEMICAL CORP., l
1
Defendants. E
—l
SCHEDULING ORDER
l
On May 13,2005, the Court held a Status Conference in the above-entitled matter,
and directed counsel for Plaintiff and Defendant to submit to the Coun for its consideration a i
rescheduling order for this proceeding, which counsel has done, and good cause appearing, the
Court orders as follows:
l
IT IS HEREBY ORDERED THAT:
I The debtors are the following entities: Caribbean Petroleum, LP; Caribbean Oil LP; Caribbean
Petroleum Refining LP; Gulf Petroleum (Puerto Rico) Corporation and Caribbean Petroleum Corporation.
i
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Case 1:04-cv—00442—SLR Document 10 Filed 06/29/2005 Page 2 of 4
— - l. Pre-Discoveg Disclosures. The parties will exchange by July 15, 2005
the infomation 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: Plaintiff will
require discovery so as to the elements of its prima facie case and Defendant will require
discovery in support of its defenses.
b. All discovery shall be commenced in time to be completed by
December 30, 2005.
c. Maximum of 50 interrogatories by each party to any other party.
d. Maximum of 50 requests for admission by each party to any other
PNY-
e. Maximum of l0 depositions by plaintiff and 10 by defendant.
f. Each deposition limited to a maximum of 8 hours unless extended
by agreement of parties or order ofthe Court.
g. Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by November 1, 2005. Rebuttal expert reports due
by December l, 2005.
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
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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 l
entry of a protective order.
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Case 1:04-cv—00442—SLR Document 10 Filed 06/29/2005 Page 3 of 4
- 3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motions to join other parties, amend the pleadings, and certify a class action
shall be filed on or before August 15, 2005.
n 4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referenced 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 January 31, 2006. Briefing shall be pursuant
to D. Del. LR 7,1.2. 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 shall be by written
motion filed with the clerk. Unless otherwise requested bythe 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 m lLn_·grg shall filed on or before
February 2006. All responses to said motions be filed on 0 efore February 21, 2006.
8. Pretrial Conference. A pretria onference will be held on February 28, li
`&;§,,;\G(’ 2006 at .m. ' courtroom 6B, si floor Federal Building, 844 King Street, i
Wilmington, Delaware. The Fed 1 es of Civil Procedure and D. Del. LR 16.4 shall govern L
the pretrial conference.
9. tal. This matter is sch for a 10 day jury trial commencing on
' courtroom 6B, sixth floor Federal Buildi 844 King Street, Wilmington, DE. g
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Case 1:04-cv—00442—SLR Document 10 Filed 06/29/2005 Page 4 of 4
For purposes of completing pretrial pr arations, the parties should plan on being allocated a
total number of hours in whi to present their respective cases.
Dated:
gh, CLK otanloé
HONORABLE S L. ROBINSON
UNITED STATES DISTRICT JUDGE
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