Free Proposed Order - District Court of Delaware - Delaware

Case 1:07-cv-00465-SLR Document 15 Filed O1/08/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS E. PARKSTONE, III, :
Plaintiff,
: C.A. N0. 07-465-SLR
v. :
CHRISTOPHER A. COONS,
individually and in his official capacity; :
RICHARD PRZYWARA, individually : JURY TRIAL DEMANDED
and in his official capacity; and :
NEW CASTLE COUNTY, a municipal :
corporation, :
Defendants.
ORDER
This day of , 2008, the parties having satisfied their
obligations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial
scheduling conference pursuant to F ed. R. Civ. P. 16 and D. Del. LR l6.2(a) and (b).
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties have/will exchange by March 9,
2008, the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Discovery.
(a) Discovery will be needed on the following subjects: Computer use
by New Castle County employees; email correspondence, replies and forwards of email
correspondence by New Castle County government ("NCC") employees; disciplinary
actions taken against NCC employees; investigations by NCC into computer use by their
employees; NCC’s policies on computer use and their enforcement of those policies;
NCC’s rights to monitor the union’s computers; interaction and communications between

Case 1:07-cv-00465-SLR Document 15 Filed O1/08/2008 Page 2 of 4
Coons Przywara, Merit and other’s at NCC with respect to Plaintiff; the facts and
circumstances surrounding the disciplinary meeting on or about May l2, 2005; Coons’
and his administration’s view of NCC employees as politically supportive or politically
unsupportive of the Coons Administration; Coons and his administration’s view of NCC
employees who were politically supportive of Tom Gordon and Sherry Freebeiyg
communications between Coons and John Carney and or Tom Baliccio pertaining to
Coons speaking, or not speaking, at AFSCME Local 459 union meeting during Coons’
campaign for County Executive; communications between Coons and other unknown
individuals regarding Coons speaking, or not speaking, at AFSCME Local 459 union
meeting during Coons’ campaign for County Executive; Plaintiffs political affiliation;
Plaintiffs personnel tile and employment history, including discipline record; Plaintiffs
computer usage; Plaintiffs non privileged communications with others regarding the
instant litigation; Plaintiffs position within AFSCME Local 459 union; communications
between other AFSCME Local 459 union members Union; Plaintiff s current
employment status; and; other issues that may arise during the discovery process.
(b) All discovery shall be commenced in time to be completed by
September 15, 2008.
(c) Maximum of 50 interrogatories by each party to any other party.
(d) Maximum of 50 requests for admission by each party to any other
P3i'tY·
(e) Maximum of 7 depositions by Plaintiff and 7 by Defendant.
(D Each deposition, limited to a maximum of 7 hours unless extended
by agreement of parties.

Case 1:07-cv-00465-SLR Document 15 Filed O1/08/2008 Page 3 of 4
(g) Reports from retained experts under Rule 26(a)(2) on issues for
which any party has the burden of proof due by July 30, 2008. Rebuttal expert reports
due by August 30, 2008.
(h) Discovery Disputes. Any discovery dispute shall be submitted to
the court pursuant to Fed. R. Civ. P. 37. Dturing the course of discovery, each party is
limited to two (2) Rule 37 motions. The court shall make itself available, however, to
resolve through a telephone conference, disputes that arise during the course of a
deposition and disputes related to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Class
Certification. All motion to join other parties, amend the pleadings, and certify a class
action shall be filed on or before April 15, 2008.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge Thynge for the purposes of exploring the possibility of a
settlement.
5. Summary Judgment Motions. All summary judgment motions shall be
served and filed with an opening brief on or before November 15, 2008. Thirty (30)
days thereafter, an answering brief shall be filed and a reply brief within (15) days after
the answering brief is filed. No summary judgment motion may be filed more than ten
(10) days from the above date without leave of the court.
6. Applications by Motion. Any application to the court shall be by written
motion filed with the clerk. Unless otherwise requested by the court, counsel shall not
deliver copies of papers or correspondence to changers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1.

Case 1:07-cv-00465-SLR Document 15 Filed O1/08/2008 Page 4 of 4
7. Motions in Limine. All motions Q Eng shall be tiled on or before
February 10, 2009. All responses to said motions shall be filed on or before February
17, 2009.
8. Pretrial Conference. A pretrial conference will be held on
_____, 2009 at in Courtroom No. 6B, Sixth Floor Federal Building, 844
King Street, Wilmington, Delaware. The Federal Rules of Civil Procedure and D. Del.
LR 16.4 shall govern the pretrial conference.
9. Trial. This matter is scheduled for a four-day jury trial commencing on ___
_____, 2009 in Courtroom 6B, Sixth Floor Federal Building, 844 King Street,
Wilmington, Delaware. For purposes of completing pretrial preparations, the parties
should plan on being allocated a total number of hours in which to present their
respective cases.