Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-00488-GI\/IS Document 12 Filed 10/26/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SAMUEL JAMES FOX, III, *
*
Plaintiff, *
* C.A. N0. 07-488 (GMS)
v. *
>l<
TOWN OF SMYRNA, DAVID S. HUGG, *
Ill, individually and in his official capacity *
as Town Manager of the Town of Smyrna, * SCHEDULING ORDER
and VALERIE HERITAGE, individually *
and in her official capacity as Administrative *
Clerk of the Town of Smyma, *
>l<
Defendants. *
This __ day of , 2007, the Court having conducted a Rule l6 Scheduling
Conference pursuant to Local Rule l6.2(b) on October 23, 2007, and the parties having
determined after discussion that the matter cannot be resolved at this juncture by settlement,
voltmtary mediation, or binding arbitration;
IT IS ORDERED that:
1. Rule 26(a) Initial Disclosures: The parties shall make their initial disclosures
pursuant to Federal Rulesiof Civil Procedure 26(a) on or before five days from the date of this
Order.
2. J oinder of other Parties and Amendment of Pleadings: All motions to join other
parties and to amend the pleadings shall be filed on or before December 31, 2007.
3. Discovery: All discovery in this case shall be initiated so that it will be completed on
or before April 30, 2008. Opening expert reports shall be served on or before January 30, 2008.
Rebuttal expert reports shall be served on or before March 3l, 2008.

Case 1 :07-cv-00488-GI\/IS Document 12 Filed 10/26/2007 Page 2 of 4
a. Discovery and Scheduling Matters: Should counsel find they are unable to
resolve a discovery or scheduling matter, the party seeking the relief shall contact chambers at
(302) 573-6470 to schedule a telephone conference. Not less than forty-eight hours prior to the
teleconference, the parties shall file with the court, via electronic means (CM/ECP) a joint, non-
argumentative letter agenda not to exceed two (2) pages outlining the issue(s) in dispute. A
sample letter can be located on this court’s website at www.ded.uscourts.gov. After the parties
have had three (3) discovery teleconferences, they will be required to file a joint letter showing
good cause why the court should permit a fourth discovery teleconference. Should the court find
further briefing necessary upon conclusion of the telephone conference, unless otherwise
directed, the party seeking relief shall file with the court a TWO PAGE LETTER, exclusive of
exhibits, describing the issues in contention. The responding party shall file within five (5) days
from the date of service of the opening letter an answering letter of no more than TWO PAGES.
The party seeking relief may then file a reply letter of no more than TWO PAGES within the
three (3) days from the date of service of the answering letter.
4. Confidential Information and Papers filed under Seal: Should counsel find it will
be necessary to apply to the court for a protective order specifying terms and conditions for the
disclosure of confidential information, they should confer and attempt to reach an agreement on a
proposed form of order and submit it to the court within ten (l0) days from the date of this
order. When filing papers under seal, counsel should deliver to the Clerk an original and two
copies of the papers.

Case 1:07-cv-00488-G|\/IS Document 12 Filed 10/26/2007 Page 3 of 4
If, after making a diligent effort, the parties are unable to agree on the contents of
the joint, proposed protective order, then they shall follow the dispute resolution process
outlined in paragraph 3(a).
5 . Settlement Conference: Pursuant to 28 U.S.C. §636, this matter is referred to the
United States Magistrate for the purpose of exploring the possibility of a settlement. If the
parties agree that the possibility of settlement may be enhanced by such referral, the parties shall
contact the assigned United States Magistrate Judge to schedule conference with counsel and
clients.
6. Case Dispositive Motions: All case dispositive motions and an opening brief, and
affidavits, if any, in support of the motion shall be served and filed on or before May 30, 2008.
Briefing will be presented pursuant to the Court's Local Rules, unless the parties agree to an
alternative briefing schedule. Any such agreement shall be in writing and filed with the Court for
the Court’s approval. Any request for extensions of time as set forth in this Scheduling Order
must be accompanied by an explanation or your request will be denied.
7. Applications by Motion: Except as provided in this Scheduling Order or for matters
relating to scheduling, any application to the Court shall be by written motion filed, via electronic
means (CM/ECP). Unless otherwise requested by the Court, counsel shall pp; deliver copies of
papers or correspondence to Chambers. Any non-dispositive motion should contain the
statement required by Local Rule 7. l . l.
8. Oral Argument: If the Court believes that oral argument is necessary, the Court will
schedule a hearing Pursuant to Local Rule 7.1.4.

Case 1:07-cv-00488-G|\/IS Document 12 Filed 10/26/2007 Page 4 of 4
9. Pretrial Conference: On November 18, 2008, beginning at 10:00 am., the Court will
hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the Court, the
parties should assume that filing the Joint Pretrial Order satisfies the pretrial disclosure
requirement in Federal Rule of Civil Procedure 26(a)(3). A sample form of Pretrial Order can be
located on this court’s website at www.ded.uscourts.gov. Thirty (30) days before the Joint
Proposed Pretrial Order is due, plaintiff s counsel shall forward to defendants’ counsel a draft of
the pretrial order containing the information plaintiff proposes to include in the draft.
Defendants’ counsel shall, in turn, provide to plaintiffs counsel any comments on the plaintiff s
draft as well as the information defendants proposes to include in the proposed pretrial order.
Motions in limine: No party shall tile more than five (5) motions in limine. Briefs (opening,
answering and reply) on all motions in limine shall be tiled by October 27, 2008. Opening and
answering briefs shall not exceed five (5) pages and reply briefs shall not exceed three (3) pages.
The parties shall file with the court the joint proposed final pretrial order with the information
required by the form of Final Pretrial Order which can be located on this court’s website at
www.ded.uscourts.gov on or before October 27, 2008.
10. ;I`_r@: This matter is scheduled for a 4 day jury trial beginning at 9:00 a.m. on
December 8, 2008.
ll. Scheduling: The parties contact chambers, at (302) 573-6470, only in situations
where scheduling relief is sought and only then when ALL participating counsel is on the line for
purposes of selecting a new date.