Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 41 Filed 05/22/2008 Page 1 of 4
IN THE UNITED STATES DISTRECT COURT I
FOR THE DISTRICT OF DELAWARE
ICU MEDICAL, INC., )
Plaintiff; g
) CA. No. 07··468—.JJF
v. )
)
RYMED TECHNOLOGIES, INC., ) JURY TRIAL DEMANDED
Defendant. i i
RULE 16 SCHEDULING ORDER
The parties having satistied their obligations under Fed. R. Civ. P. 26(i),
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties will exchange by July 1, 2008
the infomation required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR l6.l.
2. Joinder of other Parties. All motions to join other parties shall be tiled
on or before September 5, 2008.
3. Settlement Conference. Pursuant to 28 `L§.S.C. § 636, this matter is
I referred to Magistrate Judge for the purposes of exploring the possibility of a
settlement. lf 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 contention interrogatories,
identitication of fact witnesses and document production shall be commenced so as to be
completed by November 14, 2008.

Case 1:07-cv-00468-JJF Document 41 Filed 05/22/2008 Page 2 of 4
(b) Maximum of 25 interrogatories, including contention l
interrogatories, for each side.
(c) Maxirntun of 100 requests for admission by each side.
(d) Maximum of l00 deposition hours per party excluding expert
depositions. Depositions shall not commence until the discovery required by Paragraphs 3(a,b
and c) is completed. All fact discovery shall be completed by February 27, 2009.
(e) Reports from retained experts required by lied. R. Civ. P. 26(a)(2)
for issues on which each party bears the burden of proof are due thirty days after the issuance of
the Court’s l\/larkman decision; rebuttal reports are due thirty days after opening expert reports.
(i) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than thirty (30) days after all expert reports have been
exchanged pursuant to section 4(e), above, unless otherwise agreed in writing by the parties or
ordered by the Court. (
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 shall allow time for filing of the
motion, allow for briefing in accordance with 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 ww‘w.ded.uscou1ts.gov.
(b) At the motion hearing, each side will be allocated ten (10) minutes
to argue and respond to questions from the Court.
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Case 1:07-cv-00468-JJF Document 41 Filed 05/22/2008 Page 3 of 4
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be
sent to Chambers by e~mail at: [email protected].
6. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before September 5, 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
l\/latch 20, 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
courl;’s website at www.ded.uscourts. gov/J J Fmainhtrn.
8. Markman. A Markrnan Hearing, if necessary, will be held on
November ___, 2008. The parties shall identify and exchange their contentions at least forty~tive
(45) days before the Markman hearing. The parties will submit simultaneous opening briefs on
any unresolved claim construction issues on September 5, 2008. Any responsive briefs will be
simultaneously filed on October 3, 2008. The Court, after reviewing the briefing, will allocate
time to the parties for the hearing.
9. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with
the Clerk ofthe 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.l.l and be made in accordance with the Court’s February 1, 2008
Order on Procedures for Filing Norrdispositive motions in Patent Cases. Briefs shall be limited
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Case 1:07-cv-00468-JJF Document 41 Filed 05/22/2008 Page 4 of 4
to no more than ten (10) pages. Parties may tile 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—niail Chambers at: [email protected]. The e—n1ail shall provide a short
statement describing the emergency.
10. 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 ofthe trial date is
deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a
trial to he held within sixty (60) to ninety (90) days of the Pretrial Conference.
_ *”"
865847 / 32116
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