Free Scheduling Order - District Court of Delaware - Delaware

Case 1:08-cv—OOO17-SLR-LPS Document 16 Filed O4/15/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA,
for the use and benefit of
LGS GROUP, LLC
Plaintiff,
Case No. 08-017 SLR-LPS
vs.
ODYSSEY INTERNATIONAL, INC., et al.
Defendant(s).
ORDER
16**
At Wilmington this 9th day of April, 2008, the parties having
satisfied their obligations under Fed. R. Civ. P. 26(f), and the court
having conducted a pretrial scheduling conference pursuant to Fed. R.
Civ. P. 16, Del. LR 16.1 (a) and (b).
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties have exchanged the
information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects:
Scope of the work under the contract; value of the work completed
under the contract; value of any incomplete work; amount of payments
made to plaintiff and amounts, if any, still due from defendant
Odyssey; alleged breach of contract based on plaintiff’s failure to
provide timely work; alleged breach of contract by Defendant for
failure to make payments to Plaintiff; timely submittals, timely

Case 1 :08-cv—OOO17-SLR-LPS Document 16 Filed 04/15/2008 Page 2 of 3
providing of materials; failure to provide third party inspector, non-
conforming product and work; acceptance of work by Defendant; notices
from Defendant to Plaintiff; plaintiff‘s alleged failure to pay
subcontractors and suppliers and affiliates; Defendant’s failure to
pay Plaintiff and unauthorized payments by Defendant.
(b) All fact discovery shall be commenced in time to be
completed by August ll, 2008.
(c)Maximum of 30 interrogatories by each party to any other
party.
(d) Maximum of 30 requests for admission by each party to
any other party.
(e) Maximum of lO depositions by plaintiff and lO by
defendant.
(f) Each deposition limited to a maximum of 6 hours unless
extended by agreement of parties.
(g) Reports from retained experts under Rule 26(a) (2) on
issues for which any party has the burden of proof due October l3,
2008. Rebuttal expert reports due December l5, 2008.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motions to join other parties, amend the pleadings,
and certify a class action shall be filed on or before June 9, 2008.
4. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter
is referred to a Magistrate Judge for the purposes of exploring ADR.
5. Applications by Motion. Any application to the court shall be
by written motion filed with the clerk. Unless otherwise requested by
the court, counsel shall not deliver copies of papers or

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correspondence to chambers. Any non-dispositive motion shall contain
the statement required by D. Del. LR 7.1.1.
6. Mbtions in Limine. All motions in limine shall be filed on or
before January 15, 2009. All responses to said motions shall be filed
on or before January 22, 2009.
8. Pretrial Conference. A pretrial conference will be held on
January 29, 2009 at 4:30 p.m. in courtroom 6B, sixth floor Federal
Building, 844 King Street, Wilmington, Delaware. The Federal Rules of
Civil Procedure and D. Del. LR 16.4 shall govern the pretrial
conference.
9. Trial. This matter is scheduled for a two day bench trial
commencing the week of February 23, 2009 in courtroom 6B, sixth floor
Federal Building, 844 King Street, Wilmington, Delaware. For purposes
of completing pretrial preparations, the parties should plan on being
allocated a total number of hours in which to present their respective
cases.


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