Free Scheduling Order - District Court of Delaware - Delaware

R Case 1 :04-cv-00339-JJF Document 124 Filed 06/21/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
FEDERAL INSURANCE COMPANY a/s/0 )
EZIBA.COM, INC./AVACET, INC., )
EBIZA SECURITIES CORP. and )
MILLERS CAPITAL INSURANCE )
COMPANY a/S/O DEIJHOMES ) C. A. NO. 04-339/ 04-1322 JJF
CATALOG GROUP, LLC, )
)
P'a‘“"*TS» g CONSOLIDATED Acrion
v. )
LIGI-ITHOUSE CONSTRUCTION, INC. g
and BECKER MORGAN GROUP, INC. )
and O’DONNELL, NACCARATO & )
MACINTOSH, INC. and EAST COAST )
ERECT ORS )
Defendants, g
)
and
)
LIGHTHOUSE CONSTRUCTION, INC., g
Third Party Plaintiff )
)
v. )
)
EAST COAST ERECTORS, )
Third Party Defendant )
STIPULATED MODIFICATION T0 RULE 16 SCHEDULING ORDER
The panics have agreed to submit the following Modified Scheduling Order to the Court
for approval:
I. Pre-Discovery Disclosures. The parties will exchange by February 28,
2005 the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
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2. Joinder of other Parties. All motions to join other parties shall be filed
on or before June 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 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, identification of all
fact witnesses and document production shall be commenced so as to be completed by March
31, 2005.
(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.
(d) Maximum of I5 depositions by plaintiff(s) and 15 by defendant(s).
Depositiom shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed, unless otherwise agreed to by the parties.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2)
are due from the plaintiff(s) by July 15, 2005; and from the defendant(s) by August 31, 2005.
(f) Expert depositions to be completed by October 31, 2005.
(g) Discovery will end October 31, 2005.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to
provide shall tile 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.
(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.
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(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 ofthe Pleadings. All motions to amend the pleadings shall
be filed on or before September 30, 2005. _
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 30, 2005. 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 Cout for the District of Delaware
(Amended Effective January l, 1995).
(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 and Trial. The Court will schedule a Pretrial
Conference and Trial.
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/s/ Ron L. Pingitore, Esquire fs! Steve Gerber, Esquire
Ron L. Pingitore, Esquire Steve Gerber, Esquire
Counsel for Millers Capital Counsel for Federal Insurance Company
/s/ James F. Bailey, Jr., Esquire /s/ David L. Baumberger, Esquire
James F. Bailey, Jr., Esquire David L. Baumberger, Esquire
Counsel for O’Donnell, Naccarato & Counsel for Lighthouse Construction
MacIntosh
/s/ Robert B. Hill, Esquire /s/ Victoria Petrone, Esquire
Robert B. Hill, Esquire Victoria Petrone, Esquire
Counsel for East Coast Erectors, Inc. Counsel for Becker Morgan Group, Inc
/s/ Robert K. Beste, Jr. /s/ Sean J. Bellew
Robert K. Beste, Jr., Esquire Sean J. Bellew, Esquire
Counsel for Lighthouse Constmction Counsel for Federal Insurance Co.
/s/ Frank E. Noyes /s/ Natalie M. Ippolito
Frank E. Noyes, Esquire Benjamin C. Wetzel, III, Esquire
Counsel for Millers Capital Insurance Co. Natalie M. Ippolito, Esquire
Counsel for East Coast Erectors, Inc.
S0 Ordered:
J E H J. RN , JR. I
UN D STATES DISTRICT JUDGE
Date: ff { Q*£v·5/
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