Free Scheduling Order - District Court of Delaware - Delaware

· Case 1 :04-cv-00370-SLR Document 29 Filed 05/17/2006 Page 1 of-S
2 ,J
IN THE UNITED STATES DISTRICT COURT I
- IN AND FOR THE DISTRICT OF DELAWARE
JOHN DOHERTY, ;
Plaintiff,
v. CA. No. 04-370-SLR
NOREEN RENARD, JOSEPH H I _
PAESANI, JAMES LUPINETTI, : “" 0 ’
MICHAEL TIGUE and ROBERT I. - :
GEORGE, JR., : _ d U
Defendants.
_ SCHEDULING ORDER I - I I
At Wilmington, this F'1W~ day of May, 2006, the parties have satisfied their I
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 ORDERED that:
1. Pre-Discovery Disclosmes. The parties will exchange within I5 days of the
signing of this order the information required by Fed. R. Civ. P. 26 (a)(1) and D. Del. LR
16.2. Additionally, defendant shall file and serve an answer to the complaint within the
same time period. I
2. Discovery
(a) Discovery will be needed on the following subjects: In the areas of
plaintiff’s remaining allegations and any asserted affirmative defenses asserted by
defendants.

» Case 1:04-cv-00370-SLR Document 29 Filed 05/17/2006 Page 2 of 3
(b) All discovery shall be commenced in time to be completed by
December 4, 2006.
(c) Maximum of 50 interrogatories by each party to any other party.
(d) Maximum of 20 requests for admission by each party to any other party. I
(e) Maximum of 10 depositions by plaintiff and 10 by each defendant.
(f) Each deposition other than of the plaintiff is limited to a maximum of 7
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 September 1, 2006. Rebuttal expert reports due
by November 1, 2006. i
(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 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 join other parties, amend the pleadings, and certify a class action shall be
filed on or before July 15, 2006.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred
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, 2007. Briefing shall be
. " 2 ·

» Case 1:04-cv-00370-SLR Document 29 Filed 05/17/2006 Page 3 of 3
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 by the court, counsel shall not
deliver copies of papers or correspondence to chambers. Any non-dispositive motion
shall contain the statement reguired by D. Del. LR 7.1.1 I
7. Motions in Limine. All motions Q Qpyig shall be filed on or before two
weeks before the below pretrial conference date (May 3, 2007). All responses to said
motions shall be filed on or before a date that is one week before the pretrial conference
(May 10, 2007).
8. Pretrial Conference. A pretrial conference will be held on May 17, 2007 at
5:00 p.m. in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington,
Delaware. The Federal Rules of Civil Procedure and D. Del. LR 16.4 shall govern the
pretrial conference.
9. @. This matter is scheduled for a 5 day jury trial commencing on June
11, 2007, in courtroom 6B, sixth floor Federal Building, 844 King Street, Wilmington,
Delaware. For purposes of completing pretrial preparations, the parties should plan on
being allocated a total number of hours in which to present their respective cases.
10. Case Caption: The case caption is hereby changed to the above form to
cornport with the Court’s decisions.


Case 1:04-cv-00370-SLR

Document 29

Filed 05/17/2006

Page 1 of 3

Case 1:04-cv-00370-SLR

Document 29

Filed 05/17/2006

Page 2 of 3

Case 1:04-cv-00370-SLR

Document 29

Filed 05/17/2006

Page 3 of 3