`3234
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Civil Action No. 18-924 (GMS)
`
`
`
`
`
`
`ORDER RE: CASE MANAGEMENT IN CIVIL CASES
`
`After at least one defendant in this matter has filed a responsive pleading (e.g., answer,
`
`counterclaim, cross-claim) or a motion in lieu of (or in addition to) a responsive pleading,
`
`IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person
`
`and/or by telephone, each of the matters listed in Judge Sleet’s form Joint Status Report (a sample
`
`can be located on the court’s website at www.ded.uscourts.gov). Within thirty (30) days after at
`
`least one defendant has responded OR thirty (30) days after the date of this Order if at least one
`
`defendant has responded, the parties shall jointly file a Joint Status Report, along with their
`
`proposed scheduling order (consistent with the most recently revised form of Scheduling Order,
`
`which can also be located on the court’s website). If the parties anticipate or propose
`
`coordination/consolidation of schedules with two or more related cases that have the same, or
`
`similar due date for the filing of the joint status report, the parties shall file a single, combined joint
`
`status report. Subsequently, the court, at its discretion, will either enter a case schedule or order a
`
`status or Rule 16.1 conference. If a conference is ordered, it shall be conducted either by telephone
`
`or in person as directed by the court. NOTE: If a Joint Status Report is filed BEFORE at
`
`least one defendant has responded, it will not be considered and stricken from the record.
`
`Below, for your reference, is a list of the topics to be discussed during the meet and confer;
`
`and are to be included in the Joint Status Report:
`
`1.
`
`Jurisdiction and Service. Does the court have subject matter jurisdiction? Are all
`parties subject to the court’s jurisdiction? Do any remain to be served?
`
`1
`
`
`
`
`
`
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 21 Filed 08/03/18 Page 2 of 2 PageID #:
`3235
`
`
`
`2.
`
`3.
`
`4.
`
`5.
`
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`Substance of the Action. What are the factual and legal bases for plaintiff’s claims
`and defendants’ defenses?
`
`Identification of Issues. What factual and legal issues are genuinely in dispute?
`
`Narrowing of Issues. Can the issues in litigation be narrowed by agreement or by
`motions? Are there dispositive or partially dispositive issues appropriate for
`decision on motion?
`
`Relief. What specific relief does plaintiff seek? What is the amount of damages
`sought and generally how is it computed?
`
`Amendment of Pleadings?
`
`Joinder of Parties?
`
`Discovery. Discovery contemplated by each party and the amount of time it may
`take to complete discovery? Can discovery be limited? Are less costly and time-
`consuming methods available to obtain necessary information?
`
`Estimated trial length. Is it feasible or desirable to bifurcate issues for trial? Is it
`possible to reduce the length of the trial by stipulations, use of summaries or
`statements, or other expedited means of presenting evidence?
`
`Jury trial?
`
`Settlement. Have there been settlement discussions? What are the prospects for
`settlement? Is referral to the Magistrate for mediation or other ADR mechanism
`appropriate?
`
`Such other matters as counsel considers conducive to the just, speedy and
`inexpensive determination of this action.
`
`A statement that counsel for the parties have conferred about each of the above
`matters.
`
` August 3, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Gregory M. Sleet
`UNITED STATES DISTRICT JUDGE
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`