Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-00419-JJF Document 69 Filed 05/O2/2006 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CATHY D. BROOKS-MCCOLLUM, :
Plaintiff, ;
v. E Civil Action No. O4-419 JJF
STATE FARM INSURANCE COMPANY, Z
Defendant. ;
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under
Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will
exchange by May 15, 2006 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 be filed on or before June 16, 2006.
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 from 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.
4. Discovery.
(a) Exchange and completion of interrogatories,

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identification of all fact witnesses and document production
shall be commenced so as to be completed by September 29, 2006.
(b) Maximum of twenty (20) interrogatories by each
party to any other party.
(c) Maximum of ten (10) requests for admission by
each party to any other party.
(d) Maximum of four (4) depositions by plaintiff
and four (4) by defendant. Depositions shall not commence until
the discovery required by Paragraph 4 (a, b and c) is completed.
(e) Reports from retained experts required by Fed.
R. Civ. P. 26(a)(2) are due from the plaintiff(s) by October 6,
2006; from the defendant(s) by November 3, 2006.
(f) Any party desiring to depose an expert witness
shall notice and complete said deposition no later than thirty
(30) days from 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 of the 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 filed within five (5) days of service of the motion. No reply
is permitted.

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(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 [email protected] that the
parties have completed briefing.
(d) Upon receipt of the movant's e—mail, the Court
will determine 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 file, unless otherwise ordered by the Court.
6. Amendment of the Pleadings. All motions to amend
the pleadings shall be filed on or before July 7, 2006.
7. Case Dispositive Motions. Any case dispositive
motions, pursuant to the Federal Rules of Civil Procedure, shall
be served and filed with an opening brief on or before November
12, 2006. Briefing shall be pursuant to D. Del. LR 7.1.2. No
case dispositive motion may be filed more than ten (10) days from
the above date without leave of the Court.
8. 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

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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.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter
requiring the assistance of the Court shall e—mail Chambers at:
[email protected]. The e—mail shall provide a short
statement describing the emergency.
9. Pretrial Conference. A Pretrial Conference will be
held on Thursday, January 11, 2007 at 11:00 a.m., in Courtroom
No. 4B on the 4th Floor, Boggs Federal Building, Wilmington,
Delaware. The Federal Rules of Civil Procedure and Rule 16.5 of
the Local Rules of Civil Practice for the United States District
Court for the District of Delaware (Amended Effective January 1,
1995) shall govern the pretrial conference;
10. Trial. Trial will be scheduled at the Pretrial
Conference to commence within 120 days of the pretrial
conference. Counsel should be available during the 120 day
period for trial.
May i9\, 2006
DATE TA- s DlSTRI ’ UDGE

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