Free Scheduling Order - District Court of Delaware - Delaware

Case 1:08-cv-00306-JJF Document 10 Filed 08/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NORA HARGAN BORMORE, )
) C.A. No.08 -306 JJF
Plaintiff )
)
v. )
)
LIBERTY MUTUAL FIRE INSURANCE ) TRIAL BY JU RY
COMPANY, ) DEMANDED
)
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 will exchange by September 5, 2008 the
information required by Fed. R. Civ. P.26 (a)(1) and D. Del. LR 16.1.
2. J oinder of other Parties. All motions to join other parties shall be filed on or before
September 5, 2008.
3.. Settlement Conference. Pursuant to 28 U.S.C.§ 636,t his matter is referred to
Magistrate Judge "Tl/xg MCS? for the purposes of exploring the possibility of a settlement. If
the parties agree that they would benefit from a settlementc onference, the parties shall contact
the Magistrate Judge to schedule a settlementc onference 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 factw itnesses and
documentp roduction shall be commenced so as to be completed by December 31, 2008.

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(b) Maximum of 50 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 January 30, 2009. Rebuttal
reports from retained experts required by Fed. R.C iv. P. 26(a)(2) are due by March 16, 2009.
(f) Any party desiring to depose an expertw itness shall notice and complete said
deposition no later than thirty (30) days from receipt of said expert’s report,un less 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 movants eeks to
have the motion heard. The hearing date selected shall allow time for filing of the motion, allow
for briefing in accordance with the Federal and Local Rules, and shall permita ll 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:
(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 atzj jf civil@,ded.uscou1ts.gov

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6. Amendment of the Pleadings. All motions t0 amend the pleadings shall be filed on
or before January 9, 2009.
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 May 29,
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.T he parties shall follow
the Court’s procedures for summary judgmentm otions which is available on the Court’s website
at: http://wvȢw.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 for the United States DistrictC ourt for the District of Delaware (Amended Effective
June 30, 2007). Any non-dispositive motion shall contain the statementr equired by D. Del. LR
7.1.1 and be made in accordance with the Court’s February 1, 2008 Order on Procedures for
tiling non—dispositive motions in non-patentca ses (pro se 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 notc onsider 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 Courts hall e-
mail Chambers at: jjf [email protected]. The e-mail shall provide a short statement
describing the emergency.
9. Pretrial Conference and Trial. Alter reviewing the parties’ Proposed Scheduling
Order,t he Courtw ill schedule a Pretrial Conference.
The Courtw ill 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 (60) to ninety (90) days of the Pretrial Conference.
%u§ 1 3. mot
DAT ED S A DISTRICT GE
is/655296.vi

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