Free Letter - District Court of Delaware - Delaware

_ ‘ _ Case 1 :04-cv-00419-JJF Document 56-2 Filed 1 1/21 /2005 Page 1 of 3
(Non-Patent Revised 05/0§)
RULE I6 SCHEDULING ORDER
1. Pre-Discovery Disclosures. The panics will exchange by the date set by the coun and after
indemnification is decided for Plaintiff the information required by Fed.R.Civ.P. 26(a)(l) and D.Del.LR. l6.2, as to allow all
panics to be represented by counsel
2. Joinder of other Parties. All motions to join other panics shall be filed on or before a date set by the
coun and/or after indemnification is decided for both Plaintiff as to allow Plaintiff to be represented by counsel.
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 panies shall contact Magistrate Judge Thynge to schedule a settlement conference so as to be completed no
later than the Pretnal Conference or a date ordered by the Coun.
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 a date set by the court governing indemnification and to allow
counsel to take over and abreast himself/herself of the case.
(b) Maximum of 150 interrogatories by each part to any other party.
(c) Maximum of l50 requests for admission by each party to any other party.
(d) Maximum of l50 depositions by plaintiff(s) and ___ by def`endant(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 from the plaintiPl`(s) by a
date set by the coun goveming indemnification and retention of counsel; from defendant(s) by .
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 filed within five (5) days of service ofthe
motion. No reply is permitted.
(b) All papers shall set forth in a plain and concise manner the issue(s) in dispute, the pany’s position
on the issue(s), andthe reasons for the pany’s position.

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(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail jjf`[email protected].
Gov that the panics have completed briefing.
(d) Upon receipt of the movant’s e-mail, the Court will determine whether a conference is necessary
and advise the panics accordingly.
(e) There is no limit on the number of` Rule 37 motions a pany may file, unless otherwise ordered by C
the Court.
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed on or before
after the coun determines indemnification of` all panics.
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 60 days after the coun determines indemnification of all panics,
2004, and/or 60 days after the US Coun Of Appeals decide jurisdiction of` coppt, which would allow this coun to progrly
decide indemnification Briefing shall be pursuant to D.Del.LR 7. l ,2. No case dispositive motion may be filed more then ten
(10) days from the above date without leave ofthe 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 Coun for the District of Delaware (Amended Effective January 1, 1995).
Any non·disp0sitive motion shall contain the statement required by D. Del. LR 7.1. l. Parties may i
file stipulated and unopposed Orders with the Clerk of` the Coun for the Court’s review and ,
signing. The Cotu·t 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 ofthe Court shall e-mail
Chambers at: jjf`_civil@ded. Uscourtsgov. The e-mail shall provide a short statement describing .
the emergency. i
9. Pretrial Conference and Trial. The Coun will schedule a Pretrial Conference and Trial after reviewing l U
the panie’s proposed scheduled order and indemnification has been decided.

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DATE UNITED STATES DISTRICT JUDGE

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