Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv-00484-JJF-LPS

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HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C.
PENNSYLVANIA OFFICE
Suite 2000, Eight Penn Center 1628 John F. Kennedy Boulevard Philadelphia PA 19103 (215) 320-3260 FAX (215) 320-3261

ATTORNEYS AT LAW 1201 NORTH ORANGE STREET, SUITE 730 WILMINGTON, DE 19801 (302) 884-6700
FAX: (302) 573-2507

NEW JERSEY OFFICE
Willow Ridge Executive Office Park 750 Route 73 South ­ Suite 301 Marlton, NJ 08053 (856) 810-8860 Fax (856) 810-9316

Lynne M. Parker Member NJ, PA & DE Bars

E-mail Address [email protected]

October 11, 2007
OUR FILE NO. 2242.00001

VIA ELECTRONIC FILING The Honorable Judge Joseph J. Farnan, Jr. U.S. District Court for the District of Delaware 844 North King Street, Room 4209 Lock Box 18 Wilmington, DE 19801 Re: MacSteel International USA Corp., v. M/V Dobrush in rem., et al. C.A. No. 07-484 (JJF)

Dear Judge Farnan: The parties hereby jointly submit the enclosed proposed Rule 16 Scheduling Order for the court's consideration. Respectfully, HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. By: /s/ Lynne M. Parker Lynne M. Parker Delaware Bar #2811

LMP/apf Enclosures

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MACSTEEL INTERNATIONAL USA CORP., Plaintiff, v. M/V DOBRUSH in rem, her engines, boilers, etc., WESTERN BULK CARRIERS A.S., and COMMERCIAL FLEET OF DONBASS, Defendants. : : : : : : : : : : :

Civil Action No. 07-484 (JJF)

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 October 31,

2007 the information 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) (c) other party. (d) Maximum of 10 depositions by plaintiff(s) and 10 by Maximum of 25 interrogatories by each party to any other party. Maximum of 25 requests for admission by each party to any

defendant(s). Depositions shall not commence until the discovery required by Paragraph 3 (a, b and c) are completed.

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(e)

Reports from retained experts required by Fed. R. Civ. P. 26(a)

(2) are due from the plaintiff(s) by April 10, 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. (a) Discovery Disputes. A party seeking discovery which the opposing party refuses to

provide shall file 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 Court. 7. 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
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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) (c) (d) No facsimile transmissions will be accepted. No telephone calls shall be made to Chambers. 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.

________________________ DATE

________________________________ UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE I, Lynne M. Parker, certify that a copy of the foregoing proposed Rule 16 Scheduling Order was filed 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 Fox Rothschild, LLP 919 North Market Street, Suite 1300 Wilmington, DE 19801-2323

Gary F. Seitz, Esquire Rawle & Henderson LLP 300 Delaware Ave., Suite 1015 Wilmington, DE 19801

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 [email protected]

DATED: October 11, 2007

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