Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07—cv—00484-JJF-LPS Document 9 Filed 10/16/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MACSTEEL INTERNATIONAL USA :
CORP., :
Plaintiff :
: Civil Action No. 07-484 (HF)
v. :
M/V DOBRUSH Q g, her engines,
boilers, etc., WESTERN BULK :
CARRIERS A.S., and COMMERCIAL :
FLEET OF DONBASS, :
Defendants. :
RULE 16 SCHEDULIN G ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26 (f),
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by October 31,
2007 the infomation required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed
on or before November 15, 2007.
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
January 10, 2008.
(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 10 depositions by plaintiff(s) and 10 by
defendant(s). Depositions shall not commence until the discovery required by Paragraph
3 (a, b and c) are completed.
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Case 1:07—cv—00484-JJF-LPS Document 9 Filed 10/16/2007 Page 2 of 4
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)
(2) are due from the plaintiff(s) by April l0, 2008 from the defendant(s) by May 10,
2008.
(f) 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.
4. Discovery Disputes.
(a) A party seeking discovery which the opposing party refuses to
provide shall tile a motion (no brief) pursuant to Rule 37 of the 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 filed within five
(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 party’s position on the issue(s), and the reasons for the party’s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by
e-mail at [email protected] that the parties have completed briefing.
(d) Upon receipt of the 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 the Pleadings. All motions to amend the pleadings shall
be filed on or before November 30, 2007.
6. 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 June 15, 2008. 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
p Court.
7. Applications by Motion. `
(a) Any applications to the Court shall be by written motion tiled with
the Clerk of the Court in compliance with the Federal Rules of civil Procedure and the
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Case 1:07—cv—00484-JJF-LPS Document 9 Filed 10/16/2007 Page 3 of 4
Local Rules of Civil Practice for the United States 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 7.1.1. 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.
_ (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: [email protected]. The e—mail shall provide
a short statement describing the emergency.
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.
Mile M "§g@@r>(a.,,w.,.Q
DA E UNI STATES DISTRICT JUDCE
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Case 1:07—cv—00484-JJF-LPS Document 9 Filed 10/16/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I, Lymie M. Parker, certify that a copy of the foregoing proposed Rule 16 Scheduling
Order was tiled with the Court via the Electronic Case Filing System, and was served on the
below listed counsel of record through the same means:
Sharon Oras Morgan, Esquire Gary F. Seitz, Esquire
Fox Rothschild, LLP Rawle & Henderson LLP
919 North Market Street, Suite 1300 300 Delaware Ave., Suite 1015 C
Wilmington, DE 19801-2323 Wilmington, DE 19801 y
HOLLSTEIN KEATING
CATTELL JOHNSON & GOLDSTEIN P.C.
By: /s/Lynne M. Parker
Lynne M. Parker, Bar ID No. 2811
1201 N. Orange Street, Suite 730
Wilmington, Delaware 19801
(302) 884-6700
1g_arker@hollsteinkeatingcotiu
DATED: October 11, 2007
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