Free Scheduling Order - District Court of Delaware - Delaware

Case 1 :07—cv—00426-GIVIS Document 30 Filed 12/20/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENNETH J. MARINO,
Plaintiff, i
v. CA. No. 07-426-111*
CROSS COUNTRY BANK and i
APPLIED CARD SYSTEMS, INC.,
Defendants.
RULE 16 SCHEDULING ORDER
The patties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that;
1. Pre —Discovery Disclosures. The parties will exchange by January 31,
2008 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 March 1, 2008.
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 October 31,
2008.
b. Maximum of 50 interrogatories by each party to any other party.
c. Maximum of 30 requests for admission by each party to any other
PNY-

Case 1:07—cv—00426-Gl\/IS Document 30 Filed 12/20/2007 Page 2 of 4
d. Maximum of 7 depositions by plaintiff(s) and 7 by defendant(s).
Depositions shall not commence until the discovery required by Paragraph 3 a, b and c are
completed.
e. Reports from retained experts required by Fed. R. Civ. P. 26 (a)(2) are
due from plaintiff(s) by November 14 ,2008; from the defendant(s) by December 5, 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 and 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 tive (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 Answer, the movant shall notify Chambers by e- mail
at jjf civil@,ded.uscourts.gov that the parties have completed briefing.
d. Upon receipt of 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.
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Case 1:07—cv—00426-G|\/IS Document 30 Filed 12/20/2007 Page 3 of 4
5. Amendment of the Pleadings. All motions to amend the pleadings shall
be filed on or before March l, 2008.
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and tiled with an opening brief on or before
January 5, 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.
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 Federal Rules of Civil Procedure and the Local Rules
of Civil Practice for the U11ited 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 7.1.1. Briefs shall be limited to no more than ten (10) pages. Parties may tile stipulated
and unopposed Orders with the Clerk of the Court for the Cou1t’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. p Any party with a true emergency matter requiring the assistance of
the Court shall e—mail Chambers at: ijf [email protected] The e- mail shall provide a
short statement describing the emergency.
8. Pretrial Conference and Trial. The Pretrial Conference shall be held on
Wl Z la/{20021 [D dpa.m./pa-nr. The Trial date will be scheduled at the Pretrial
Conference [Trial shall c ` (S Cj-lg O
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Case 1:07-cv-00426-Gl\/IS Document 30 Filed 12/20/2007 Page 4 of 4
The Court will determine whether the trial 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.
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Date Uahit d Sta s lbjgtirict Judge
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