Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-00175-JJF Document 165 Filed 07/14/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH LAWRENCE CURRY, :
Plaintiff, Z
v. ; Civil Action No. 04-175 JJF
GREGORY HOPKINS, ;
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 have
exchanged the information required by Fed. R. Civ. P. 26(a)(1)
and D. Del. LR 16.1.
2. Joinder of other Parties. All motions to join
other parties shall be filed on or before August 15, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. §636,
this matter is referred to Magistrate Judge Stark 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 the Magistrate Judge to
schedule a settlement conference so as to be completed no later
than the Pretrial Conference or a date ordered by the Court.

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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 August 15, 2008.
(b) Maximum of 25 interrogatories by each party to
any other party.
(c) Maximum of 50 requests for admission by each
party to any other party.
(d) Maximum of 10 depositions by plaintiff(s) and
10 by defendant(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 party with the burden of
proof on the issue the expert is offered by November 17, 2008.
(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. Non-Case Dispositive Motions.
(a) Any non—case dispositive motion, along with an
Opening Brief, shall be filed with a Notice of Motion. The
Notice of Motion shall indicate the date on which the movant
seeks to have the motion heard. The hearing date selected shall
allow time for filing of the motion, allow for briefing in
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accordance with the Federal and Local Rules, and shall permit all
briefing to be filed no later than 12:00 noon the Friday before
the motion day on which it is to be heard. Available motion
dates will be posted on the Court’s website at:
http://www.ded.uscourts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be
allocated ten (10) minutes to argue and respond to questions from
the Court.
(c) Upon filing of the Notice of Motion, a copy of
said Notice shall be sent to Chambers by—email at:
[email protected]
6. Amendment of the Pleadings. All motions to amend
the pleadings shall be filed on or before August 15, 2008.
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 January
30, 2009. 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 June 30, 2007). Any non-
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dispositive motion shall contain the statement required by D.
Del. LR 7.1.1 and be made in accordance with the Court’s February
1, 2008 Order on Procedures for filing non—dispositive motions in
non—patent cases (prg sg cases excluded). Briefs shall be
limited to no more than ten (10) pages. 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 and Trial.
(a) A Pretrial Conference will be held on April 2,
2009 at 11:30 a.m., in Courtroom No. 4B, on the 4th floor, United
States Courthouse, Boggs Federal Building, Wilmington, Delaware.
(b) Trial will commence on April 21, 2009 at 9:30
a.m., in Courtroom No. 4B, on the 4th floor, United States
Courthouse, Boggs Federal Building, Wilmington, Delaware.
July 14, 2008 CMA., `i%’ _
DATE QTATE DISTRICT JUD%
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