Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00677-JJF Document 12 Filed 01/14/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LYNN FREDERICK , :
Plaintiff,
v. C.A. No. 07-677- JJF
AVANTIX LABORATORIES, INC., a
Delaware corporation; and LINYEE :
SHUM, individually, :
Jury Trial Demanded
Defendants.
PROPOSED RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed.R. Civ. P. 26(f),
lT 1S ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by February 1 l, 2008 the
infomation 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 29, 2008.
3. 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 2. 2008.
(b) Maximum of Q interrogatories by each party to any other party.
(c) Maximum of Q requests for admission by each party to any other party.
(d) Maximum of Q depositions by plaintiff and Q depositions by defendant.
O Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are

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completed.
(e) Reports from retained experts required by Rule 26(a)(2) are due from the
plaintiffs by June 27, 2008; from the defendant(s) by August 8, 2008.
(t) Any pany 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.
4. Discovery Disputes.
(a) A pany seeking discovery which the opposing party refuses to provide shall
tile a motion (no brief) pursuant to Rule 37 ofthe Federal Rules of Civil Procedure and Local
Rule 37.1. 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 tiled within tive (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 pa11y’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt ofthe Answer, the movant shall notify Chambers by e-mail at
'Ijf [email protected] that the parties have completed briefing.
(d) Upon receipt ofthe 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.
5. Amendment of Pleadings. All motions to amend the pleadings shall be filed
on or before March 21, 2008.
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the

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Federal Rules of Civil Procedure, shall be served and tiled with an opening brief on or before
October 24, 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.
7. Applications by Motion.
(a) Any applications to the Court shall be by written motion tiled with the Clerk
of Court in compliance with Federal Rules of Civil Procedure and the Local Rules of Civil
Procedure for the United Sates District Court for the District of Delaware (Amended Effective
January 1, 1995). Any non-dispositive motion shall contain the statement required by D.Del. LR
7. l.l. Briefs shall be limited to no more than ten (10) pages. Parties may tile stipulated and
unopposed Orders with the Clerk of Court for the Court’s review and signing. The Court will
not consider applications and requests submitted by` letter or in form other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(cl) Any party with a true emergency matter requiring the assistance of the Court I
shall e-mail Chambers at: jjf [email protected]. The e-mail shall provie a short statement
describing the emergency. I
8. 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. l
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n UNET D ST T ~. DISTRICT IUD

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