Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00720-IVIPT Document 9 Filed O4/O3/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
HECTOR MORGAN :
: C.A. N0. 07-720 -3LTF
v. :
DAVID A. MARSH and WAYNE STORAGE CO. : JURY TRIAL DEMANDED
T/A WAYNE MOVING & STORAGE :
COMPANY, INC. :
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 the information
required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.1 on or before April 15, 2008.
2. Joinder of other Parties. All motions to join other parties shall be filed
on or before June 12, 2008.
3. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge 721 y/I Jie, 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 to schedule a settlement
conference so as to be completed no later than the Pretrial Conference or a date ordered
bythe 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 September 1, 2008.
(b) Maximum of 25 interrogatories by each party to any other party.
2361408-1

tl
Case 1 :07-cv-00720-IVIPT Document 9 Filed O4/O3/2008 Page 2 of 4
(c) Maximum of l0 requests for admission by each party to any other
party.
(d) Maximum of seven depositions by plaintiff(s) and seven 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 October 15, 2008 from the defendant(s) by
December 15, 2008.
(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-Dispositive Motions.
(a) Any non-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 for filing of the motion, allow for briefing in accordance wit 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.
2361408-1

Case 1:07-cv-00720-IVIPT Document 9 Filed O4/O3/2008 Page 3 of 4
(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 ofthe Pleadings. All motions to amend the pleadings shall
be tiled on or before December 15, 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 December 31, 2008 .
(a) 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.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled with
the Clerk ofthe 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 tiling non-
dispositive motions in non-patent cases (mg E cases excluded.) Briefs shall be
limited to no more than ten (10) pages. Parties may file stipulated and unopposed
Orders with the Clerk ofthe 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.
2261408-1

Case 1 :07-cv-00720-IVIPT Document 9 Filed 0 4/O3/2008 Page 4 of 4
(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: [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.
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 Pretrial Conference, the parties and counsel shall anticipate and prepare
for a trial to be held within sixty (60) to ninety (90) days ofthe Pretrial Conference.
Date: [Qéggl 3. ~ r . xr
' UN;_T§D STiTES—§ISTRICT JlJl§GE
2361408-]

Case 1:07-cv-00720-MPT

Document 9

Filed 04/03/2008

Page 1 of 4

Case 1:07-cv-00720-MPT

Document 9

Filed 04/03/2008

Page 2 of 4

Case 1:07-cv-00720-MPT

Document 9

Filed 04/03/2008

Page 3 of 4

Case 1:07-cv-00720-MPT

Document 9

Filed 04/03/2008

Page 4 of 4