Free Stipulation to EXTEND Time - District Court of Delaware - Delaware

Case 1 :04-cv-00339-JJF Document 1 19 Filed 06/14/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FEDERAL INSURANCE COMPANY :
a/s/0 EZIBA.COM, INC./AVACET, : CIVIL ACTION E
INC., EZIBA SECURITIES CORP. NO.: 04-339-JJF
Plaintiff, CONSOLIDATED ACTION
LIGHT HOUSE CONSTRUCTION, INC., J URY TRIAL DEMANDED
BECKER MORGAN GROUP, INC., and :
O’DONNELL, NACCARATO & : .
MACINTOSH, INC. : I
Defendants.
STIPULAT ED MODIFICATION TO RULE 16 SCHEDULING ORDER c
The parties have agreed to submit the following Modified Scheduling Order to the Court
for approval:
l. 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. y
2. Joinder of other Parties. All motions to join other parties shall be filed J
on or before June 30, 2005. P
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. i
4. Discovery.
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(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 15 depositions by plaintiff(s) and 15 by defenda.nt(s).
Depositions 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 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. ( _
(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 j
e-mail at j j [email protected]. gov 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 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 i
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Case 1 :04-cv-00339-JJF Document 1 19 Filed 06/14/2005 Page 3 of 3
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 Court for the District of Delaware
(Amended Effective January 1, 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: j j [email protected]. gov. 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.

Ron L. Pingitore, Esquire Steve Gerber, Esquire F
Counsel for Millers Capital Counsel for Federal Insurance Company
r. I I ·
J arne . iley, Jr., Esq David L. Baum ger, Esquire
Counsel O’Donn , Naccarato & MacIntosh Counsel for L ghthouse Construction
? l i M V§t im,.vl_l_9A_ »
Ro ert B. Hill, Esquire Victoria Pe one, Es `re
Counsel for East Coast Erectors, Inc. Counsel for Becker Morgan Group, Inc.
So Ordered:
JOSEPH J. FARNAN, JR.
UNITED STATES DISTRICT JUDGE
Date:
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