Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07-cv-00556-JJ F—LPS Document 45 Filed 02/06/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
JEOF F REY L. BURTCH, CHAPTER 7 )
TRUSTEE, FACTORY 2-U STORES, )
INC., et al., )
)
Plaintiff )
)
V. ) civar Action NO. 07-556‘”""""" UF- L ”
)
MILBERG FACTORS, INC., )
CAPITAL FACTORS, INC. THE CIT )
GROUP/COMMERCIAL SERVICES, INC.,)
GMAC COMMERCIAL FINANCE LLC, )
HSBC BUSINESS CREDIT (USA) INC., )
ROSENTHAL AND ROSENTHAL, INC., )
STERLING FACTORS CORPORATION, )
WELL FARGO CENTURY INC., )
)
Defendants. )
)
SCHEDULING ORDER
This Q day of Y 2008, the Court having conducted an
initial Rule 16 scheduling and planning conference pursuant to Local Rule l6.2(a) on February 6,
2008, and the parties having determined after discussion that the matter cannot be resolved at this
juncture by settlement, voluntary mediation, or binding arbitration;
IT IS HEREBY ORDERED that:
1. Rule 26ga)g 1) Initial Disclosures. The parties shall make their initial disclosures pursuant
to Federal Rule of Civil Procedure 26(a)(l) no later than fourteen (14) days after a decision by
the United States District Judge denying any of Defendants’ Motions to Dismiss. Furthermore,

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initial disclosures shall be made even if a party chooses to appeal the United States District
Judge’s decision on the Motions to Dismiss.
2. Joinder of Other Parties and Amendment of Pleadings. All motions to join other parties,
and to amend or supplement the Complaint shall be filed on or before March 3, 2009.
3. Discovegy. The parties shall meet and confer within fourteen (14) days after a decision
by the United States District Judge denying any of Defendants’ Motions to Dismiss in order to
identify a schedule for discovery and to address other discovery matters (i.e. limitation on hours
for deposition discovery, location of depositions, discovery cut off disclosure of expert
testimony). The parties agree that discovery under the Local and Federal Rules of Civil
Procedure shall commence immediately thereafter. Furthermore, discovery shall commence
even if a party chooses to appeal the United States District Judge’s decision on the Motions to
Dismiss.
4. Electronic Discovery. The parties shall meet and confer within twenty-one (21) days
after a decision by the United States District Judge denying any of Defendants’ Motions to
Dismiss in order to negotiate a protocol for proceeding with and handling electronic discovery,
and the parties agree that the default Local Rule concerning electronic discovery shall not be
applicable until after the parties have negotiated a protocol for proceeding with and handling
electronic discovery, or otherwise by agreement of the parties.
5. Application to Court to Vacate the Stay. If the United States District Judge has not made
a decision on the Motions to Dismiss by October 3, 2008, then Plaintiff reserves the right to
make an application to the United States District Judge to vacate the foregoing scheduling order.
If the United States District Judge grants Plaintiffs application, then all ofthe same timelines

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regarding discovery set forth above will apply from the date ofthe United States District Judge’s
grant of Plaintiffs application.
United States Magistrate Judge

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