Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00185-JJF

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RONALD STONER
ATTORNEY AT LAW 1107 Polly Drummond Plaza Newark, Delaware 19711

(302) 369-6400 (302) 369-6800 FAX
E-MAIL: [email protected]

August 8, 2008 The Honorable Joseph J. Farnan, Jr. United State District Court District of Delaware 844 King Street Wilmington, DE. 19801 RE: Bowers v. City of Wilmington, et al., USDC 08-185 JJF Dear Judge Farnan: Enclosed please find a Proposed Scheduling Order. Please note that the defendant attorneys have requested a date for Motions for Qualified Immunity and Failure to State a Claim, which they would like on the Scheduling Order for September 19, 2008. Plaintiff does not agree that these Motions should be scheduled so early in the discovery process. Very truly yours, /s/ Ronald Stoner Ronald Stoner, Esq. DE 2818 RS/pjn Attachment

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DENISE BOWERS, Plaintiff, v. CITY OF WILMINGTON, a municipal government; MONICA GONZALEZ GILLESPIE, individually and in her official capacity as the Director of Personnel for the City of Wilmington; and FRANKLIN AMPADU, M.D., individually and in his official capacity as the Police Surgeon for the City of Wilmington, Defendants. : : : : : : : : : : : : : : : :

Civil Action No. 08-185 JJF Jury Trial Demanded

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 August 18, 2008, 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 October 18, 2008. 3. Settlement Conference. Pursuant to 28 U.S.C. §636,

this matter is referred to Magistrate Judge __________ for the purposes of exploring the possibility of a settlement. parties agree that they would benefit from a settlement If the

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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 January 15, 2009. b. any other party. c. Maximum of 50 requests for admission by Maximum of 50 interrogatories by each party to

each party to any other party. d. Maximum of 10 depositions by plaintiff(s) and Depositions shall not commence until the

10 by defendant(s).

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 March 15, 2009. 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 The

Opening Brief, shall be filed with a Notice of Motion.

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Notice of Motion shall indicate the date of 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 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 November 18, 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 June 15, 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 Court's procedures for summary judgment motions which is available on the Court's website at http://www.ded.uscourts.gov/JJFmain.htm

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Application 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-

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 (pro se cases excluded). limited to no more than ten (10) pages. Briefs shall be

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. c. d. No facsimile transmissions will be accepted. No telephone calls shall be made to Chambers. 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. After reviewing the

parties' Proposed Scheduling Order, the Court will schedule a Pretrial Conference.

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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 (60) to ninety (90) days of the Pretrial Conference.

___________________ DATE

____________________________ UNITED STATES DISTRICT JUDGE