Free Proposed Order - District Court of Delaware - Delaware

Case 1:O8—cv—OOO17-SLR-LPS Document 13 Filed O4/08/2008 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
vs.
ODYSSEY INTERNATIONAL, INC., et al.
Defendant(s).
ORDER
At Wilmington this 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. I6, Del. LR l6.l (a) and (b).
IT IS ORDERED that:
I. 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; whether payment made properly by Odyssey to
Plaintiff alleged breach of contract based on plaintiff’s failure to
provide timely work; timely submittals, timely providing of materials;
failure to provide third party inspector, non-conforming product and
work; plaintiff‘s alleged failure to pay subcontractors and suppliers
and affiliates.

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(b) All discovery shall be commenced in time to be
completed by 120 days from today’s date.
(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 10 depositions by plaintiff and 10 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 60 days after
the conclusion of Discovery. Rebuttal expert reports due 60 days after
initial expert reports.
(h) Discovery Disputes. Any discovery dispute shall be
submitted to the court pursuant to Fed. R. Civ. P. 37. During the
course of discovery, each party is limited to two (2) Rule 37 motions.
The court shall make itself available, however, to resolve through a
telephone conference, disputes that arise during the course of a
deposition and disputes related to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motion to join other parties, amend the pleadings,
and certify a class action shall be filed on or before .
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. Summary Judgment Motion. All summary judgment motions shall be
served and filed with an opening brief on or before 30 days after

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expert discovery. Briefing shall be pursuant to D. Del. LR 7.1.2. No
summary judgment motion may be filed more than ten (10) days from the
above date without leave of the court.
6. 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
correspondence to chambers. Any non-dispositive motion shall contain
the statement required by D. Del. LR 7.1.1.
7. Motions in Limine. All motions in limine shall be filed on or
before [two weeks before pretrial conference]. All responses to said
motions shall be filed on or before [one week before pretrial
conference].
8. Pretrial Conference. A pretrial conference will be held on
_____ at _____ _.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 [day/week] bench/jury
trial commencing on 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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