Free Scheduling Order - District Court of Delaware - Delaware

Case 1:04-cv-00165-KAJ Document 78 Filed 05/25/2005 Page 1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROCHELLE BURKS, TERRY BENSON, )
RHONDA FAWRA, AMBER FIELDS, )
GWENZELLA PENNEWELL, and )
ROCHELLE TUCKER, )
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Plaintiffs, )
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v. ) Civil Action No. 04-165-KAJ
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NEW CASTLE COUNTY POLICE )
DEPARTMENT, ROBERT JACKSON, )
ROBERT ROWE, UNKNOWN )
OFFICERS OF THE STATE OF )
DELAWARE DEPARTMENT OF )
CORRECTIONS DIVISION OF FIELD )
SERVICES FOR PROBATION AND )
PAROLE, and UNKNOWN OFFICERS )
OF THE NEW CASTLE COUNTY )
POLICE DEPARTMENT, )
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Defendants. )
FIRST AMENDED SCHEDULING ORDER
At Wilmington, this 25"‘ day of May, 2005,
IT IS HEREBY ORDERED that the Court‘s Scheduling Order dated January 13,
2005 (D.I. 35), is amended as follows:
1. Discoveg;
a. Discovegg Cut Off. All discovery in this case shall be initiated so
that it will be completed on or before September 30, 2005. The Court encourages the
parties to serve and respond to contention interrogatories early in the case. Unless
otherwise ordered by the Court, the limitations on discovery set forth in Local Rule 26.1
shall be strictly observed.

b. Disclosure of Expert Testimony. Unless othenrvise agreed to by the
parties, they shall file their initial Federal Rule of Civil Procedure 26(a)(2) disclosures of
expert testimony on or before ninety days before the date of the completion of
discovery; and they shall file a supplemental disclosure to contradict or rebut evidence
on the same subject matter identified by another party sixty days before the date for the
completion of discovery. To the extent any objection to expert testimony is made
pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S.
579 (1993), it shall be made by motion no later than the deadline for dispositive motions
set forth herein, unless otherwise ordered by the Court.
c. Discovegj Disputes. Should counsel find they are unable to resolve
a discovery dispute, the party seeking the relief shall contact chambers at (302) 573-
6001 to schedule a telephone conference. Not less than forty-eight hours prior to the
conference, the party seeking relief shall file with the Court a letter, not to exceed three
pages, outlining the issues in dispute and its position on those issues. (The Court does
not seek extensive argument or authorities at this point; it seeks simply a statement of
the issue to be addressed and or summary of the basis for the party’s position on the
issue.) Not less than twenty-four hours prior to the conference, any party opposing the
application for relief may file a letter, not to exceed three pages, outlining that party’s
reasons for its opposition. Should the Court find further briefing necessary upon
conclusion of the telephone conference, the Court will order it. Disputes over
protective orders are to be addressed in the first instance in accordance with this
paragraph.
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2. Case Dispositive Motions. All case dispositive motions, an opening brief,
and affidavits, if any, in support of the motion shall be served and tiled on or before
November 4, 2005. Briefing will be presented pursuant to the Court's Local Rules.
3. Pretrial Conference. On April 20, 2006, the Court will hold a Final Pretrial
Conference in Chambers with counsel beginning at 4:30 p.m. Unless otherwise
ordered by the Court, the parties should assume that filing the pretrial order satisfies
the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).
The parties shall file with the Court the joint proposed final pretrial order with the
information required by the form of Final Pretrial Order which accompanied the original
Scheduling Order on or before March 20, 2006.
4. Motions in Limine. Motions in Iimine shall not be separately filed. All in
Iimine requests and responses shall be set forth in the proposed pretrial order. Each
party shall be limited to five in limine requests, unless otherwise permitted by the Court.
The motion and response thereto shall contain the authorities relied upon, and no
single in Iimirre request shall have more than five pages of argument associated with it.
No separate briehng shall be submitted on in Iimine requests, unless otherwise
permitted by the Court.
5. Jug; Instructions, Voir Dire, and Special Verdict Forms. Where a case is
to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file proposed
voir dire, instructions to the jury, and special verdicts and interrogatories three full
business days before the final pretrial conference. That submission shall be
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Case 1:04-cv-00165-KAJ Document 78 Filed 05/25/2005 Page 4 of 4
accompanied by a computer diskette (in WordPerfect format) which contains a copy of
these instructions and proposed voir dire and special verdicts and interrogatories.
6. Trial. This matter is scheduled for a 5 dayjury trial beginning at 9:30 a.m.
on it/lay 22, 2006. For the purpose of completing pretrial preparations, counsel should
plan on each side being allocated a total of 10 hours to present their case.
All other deadlines as set forth in the Court's January 13, 2005 Scheduling Order
(D.I. 35) shall remain in effect.
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