Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07—cv—00541-JJF Document 14 Filed 05/09/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENZA L. STARLING, :
Plaintiff,
v. : Civil Action No. 07-541-JJF
JOHN E. POTTER, Postmaster General
United States Postal Service, :
Defendant.
RULE 16 SCHEDULING ORDER
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 by May 6, 2008,
the information required by Fed.R.Civ.P. 26(a)(1) and D.Del. LR 161.
2. Joinder of Other Parties. All motions to join other parties shall be filed
on or before June 6, 2008.
3. Settlement Conference. Pursuant to U.S.C. § 636, this matter is referred
to Magistrate Judge ggtfg 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 the Magistrate Judge to schedule a settlement conference so as to
be 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 commended so as to be completed by
December 5, 2008.

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(b) Maximum of 25 interrogatories by each party to any other party.
(c) Maximum of 25 requests for admission by each party to any other
party-
(d) Maximum of 14 hours for each party, of taking testimony by
deposition or oral examination.
(e) Reports from retained experts required by Fed.R.Civ.P. 26(a)(2)
are due from the party with the burden of proof on the issue the expert is offered by
October 17, 2008.
(t) 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-Case Dispositive Motions
(a) Any non-case 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 with 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.uscourtsgov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (10) minutes
to argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be
sent to chambers by email at: 'jf civil(q)ded.t1scourts.gov.

Case 1 :07-cv-00541-JJF Document 14 Filed 05/09/2008 Page 3 of 4
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before November 7, 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 January 16, 2009. 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. The parties shall follow the Court’s procedures for summary
judgment motions which is available on the Court’s website at:
http :/ / w ww .ded.uscourts.gov/ J JF main .htm .
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed 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 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 filing non-dispositive motion in non patent
cases (rg g cases excluded). Briefs shall be limited to no more than ten (10) pages.
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.

Case 1 :07-cv-00541-JJF Document 14 Filed 05/09/2008 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: jjf [email protected] rts.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 detennine 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
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United States District Judge

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