Free Proposed Order - District Court of Delaware - Delaware

Case 1:O7—cv—OO674-SLR-LPS Document 12 Filed O1/07/2008 Page 1 of 3
iN THE UNITED STATES DlSTRiCT COURT
FOR THE DISTRICT OF DELAWARE
JOHN J. DOUGHERTY, g
Piaintiff, )
v. i C.A. No. 07-674 (SLR) E
ALAN BLIZE and ASDI i
WCORPORATED, )
a Delaware Corporation, )
Defendants. g
)
O R D E R
At Wilmington this 15th day of January 2008, the parties having satisfied their
obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretriai
scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2 (a) and (b).
iT IS ORDERED that:
1. Pre-Discovry Disciosures. The parties have exchanged the
information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR i6.2.
2. Discovery.
(a) Discovery wiil be needed on the following subjects: Liability,
including the reason(s) for the separation of Plaintiff from his empioyrnent with
Defendant ASDI, damages, and any other matter that becomes relevant during
discovery.
(b) All discovery shall be commenced in time to be compieted by
September 18, 2008.

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(c) Maximum of 35 interrogatories by each party to any other side.
(d) Maximum of ‘i0 requests for admission by each side to any other
party.
(e) Maximum of t0 depositions by plaintiff and 10 totai by defendants
collectiveiy.
(f) Each deposition, other than ot Piaintitt, iimited to a maximum of
seven (7) hours unless extended by agreement of parties.
(g) Reports from retained experts under Ruie 26(a)(2) on issues for
which any party has the burden of proof due by Juiy 18, 2008. Rebuttal expert reports
due by August 18, 2008.
(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
iimited to two (2) Rule 37 motions. The court shali make itself availainie, however, to
resolve through a teiephone conference, disputes that arise during the course of a
deposition and disputes reiated to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motions to join other parties, amend the pieadings, and certify a ciass
action shall be fiied on or before Aprii 1, 2008.
4. Settlement Conference. Pursuant to 28 Li.S.C. § 638, this matter is
referred to Magistrate Judge Thynge for the purposes of expioring ADR.
5. Summary Judgment Motions. All summary judgment motions snail be
served and tiied with an opening brief on or before February 9, 2009. An answering
brief shall be filed on or before March 9, 2009, and a reply brief shall be filed on or
2

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before March 30, 2009. Briefing snail be pursuant to D. Dei. LR 7.1.2. No summary
judgment motion may be filed more than ten (10) days from the above date without
leave ofthe court.
6. Applications by Motion. Any appiicatlon to the court shall be by written
motion filed with the cierk. Unless otherwise requested by the court, counsei shali not
deliver copies of papers or correspondence to chambers. Any nomdisposltive motion
shall contain the statement required by D. Del. LR 7.1.1.
7. Motions in Limine. Ati motions ig; li_n*__3_j_n_e, shall be fiied on or before
mm, 2009.1 All responses to said motions shall be filed on or before
___, 2009.2
8. Pretriai Conference. A pretriai conference wifi be heid on
wm, 2009, at ”___ ___.m. in courtroom GB, sixth floor Federai 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 _-clay jury triai commencing on
___, 2009, in courtroom GB, sixth fioor Federal Building, 844 King
Street, Wilmington, Delaware. For purposes of compieting pretrial preparations, the
parties should plan on being ailocated a total number of hours in which to present their
respective cases.

E Two weeks prior to the date of the Pretrial Conference set forth in Paragraph 8.
2 One week prior to the date of the Pretrial Conference set forth in Paragraph 8.
3

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