Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :08-cv-00308-JJF Document 17 Filed 08/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DIANE M. JONES, : V
Plaintiff,
v. C.A. No. 08-308
LANE BRYANT, INC.,
Defendant. I
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under F ed. R. Civ. P. 26(O,
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by August 20,
2008 the information required by F ed. R. Civ. P. 26(a)(1) and D. Del. LR 16.1.
2. Joinder of other Parties. All motions to join other paxties shall be filed
A on or before September 30, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is
referred to Magistrate Judge ;’jhi5\jtp§C» for the purpose 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.
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
December 5, 2008.
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(b) Maximum of twenty-tive (25) interrogatories by each party to any
other party.
(c) Maximum of twenty-tive (25) requests for admission by each
party to any other party.
(d) Maximum of tive (5) depositions by plaintiff and tive (S) by
defendant. Depositions shall not commence until the discovery required by Paragraph 4 (a, b
and c) are completed. U
(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 January 30,
2009.
(t) Any party desiring to depose an expert witness shall notice and
U 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 tiled 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 tiling of
the motion, allow for briefing in accordance with the Federal ad 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.uscou1ts.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.
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(c) Upon filing of the Notice of Motion, a copy of said Notice shall be
sent to Chambers by e-mail at: jjf [email protected] -
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before October 31, 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
March 20, 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. The parties
shall follow the Cou1t’s procedures for summary judgment motions which is available on the
Court’s website at: http://w·»>vw.ded.uscourts.gov/JJFmain,htm
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 of the United States District Court for the District of Delaware (Amended
Effective June 30, 2007). Any non-dispositive motion shall contain the statement required by D.
Del. LR 7. 1.1 and be made in accordance with the Court’s February l, 2008 Order on Procedures
for filing non-dispositive motions in non-patent cases (ig E 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.
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(d) Any party with a true emergency matter requiring the assistance of
the Court shall e-mail Chambers at: jjf [email protected]. The e-mail shall provide a
short statement describing the emergency.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed
Scheduling Order, the Court will schedule a Pretrial Conference.
The Court will determine whether the trial date should be scheduled when
the Scheduling Order is entered or at the Pretrial Conference. If scheduling of the trial date is
deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a
trial to be held within sixty (6) to ninety (90) days of the Pretrial Conference.
sa, .• F · A.
Date ed St es strict Judge '
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