Free Scheduling Order - District Court of Delaware - Delaware

_ ~ Case 1 :07-cv-00727-JJF Document 9 Filed 12/12/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JUDI T. HABERKORN, )
J
Plaintiff, )
) C.A. No. 07-727JJF
v. )
)
NATIONWIDE LIFE )
INSURANCE COMPANY, )
J
Defendant. )
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
I. Pre-Discovery Disclosure. The parties will exchange by January 25, 2008 the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed on or before
February 27, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. §63 6, this matter is referred to
Magistrate Judge Thynge 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
Magistrate Judge Thynge to schedule a settlement conference so as to be a 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 May I6, 2008.
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(b) Maximum of 25 interrogatives by each party to any other party.
(c) Maximum of 25 requests for admission by each party to any other party.
(d) Maximum of five (5) depositions by plaintiff(s) and five (5) 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
plaintiff(s) by September 21, 2008; from the defendant(s) by November 24, 2008.
(f) Any party desiring to depose an expert witness shall notice and complete said
deposition no later than ninety (90) days from receipt of said expert's report.
5. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to provide shall file a
motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil Procedure and Local Rule
37. l. Said motion shall not exceed a total of four (4) pages. An Answer to the Rule 37 motion,
not to exceed four (4) pages, shall be filed within five (5) days of service of the motion. No
reply is permitted.
(b) All papers shall set forth in a plain and concise manner the issue(s) in dispute, the
party's position on the issue(s), and the reasons for the party‘s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by e—mail at
j [email protected] that the parties have completed briefing.
(d) Upon receipt of the movant's e-mail, the Court will determine whether a conference
is necessary and advise the parties accordingly.
(e) There is no limit on the number of Rule 37 motions a party may file, unless otherwise
ordered by the Court.
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6. Amendment of the Pleadings. All motions to amend the pleadings shall be filed on
or before February 27, 2008.
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and tiled with an opening brief on or before December
15, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be
tiled more than ten (10) days from the above date without leave of the Court.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled 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
January l, 1995). Any non—dispositive motion shall contain the statement required by D. Del.
LR 7.1.1. 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.
(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: j [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. lf scheduling of the trial date is deferred until the
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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.
Q.;) 3 gr; 0*} I LA)
DATE I SPED S AT S DISTRIC J GE
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