Free Proposed Order - District Court of Delaware - Delaware

Case 1 :08-cv-00053-JJF Document 14 Filed 08/20/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PHL VARIABLE INSURANCE COMPANY, )
)
Plaintiff, )
) C.A. No. 08-53-JJF
v. )
)
ALAN WOLLMAN INSURANCE TRUST, )
ALAN WOLLMAN AND FAMILY, DECEMBER )
2005, and its trustee, WILMINGTON TRUST )
COMPANY, and ALAN P. WOLLMAN )
IRREVOCABLE LIFE INSURANCE TRUST, and )
its trustee, JEFFREY M. BOYER, )
)
Defendants. )
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 October 17, 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 January 31, 2009.
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. 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 f`act witnesses
and document production shall be commenced so as to be completed by March 3 l, 2009.
(b) Maximum of` Q interrogatories by each party to any other party.
(c) Maximum of` Q requests f`or admission by each party to any other party.
(d) Maximum of` Q depositions by plaintif`f`(s) and 15 by def`endant(s).
Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are
completed. The parties have stipulated that certain depositions of` non-parties may be taken prior
to the completion of` the discovery required by Paragraph 4 (a, b and c).
(e) Reports f`rom retained experts required by Fed. R. Civ. P. 26(a)(2) are due
f`rom the party with the burden of` proof` on the issue the expert is offered by September 30, 2009.
(f`) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than thirty (30) days f`rom 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 f`or filing of` the motion,
allow f`or 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 bef`ore the motion day on which it is to be heard.
Available motion dates will be posted on the Court’s website at:
http://vvvvvv.ded.uscourts.gov/J]Fmain.htm.
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(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]. gov
6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed
on or before October 7, 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 November
16, 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: http1//www.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 District Court for the District of Delaware (Amended
Effective June 30, 2007). Any nondispositive 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). 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.
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(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]. gov. 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 (60) to ninety (90) days of the Pretrial Conference.
DATE UNITED STATES DISTRICT IUDGE
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