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Civil Action No. 08-468 (GMS)

The court order states that the Federal Rules of Civil Procedure and local rules do not prevent parties from beginning discovery before a scheduling conference. The order permits the parties in this case to start discovery even before the court holds a Rule 16 conference. It notes that Rule 26 governs the timing and process of discovery. If any discovery disputes arise, the parties must follow the existing procedure for resolving such disputes.

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1K views

Civil Action No. 08-468 (GMS)

The court order states that the Federal Rules of Civil Procedure and local rules do not prevent parties from beginning discovery before a scheduling conference. The order permits the parties in this case to start discovery even before the court holds a Rule 16 conference. It notes that Rule 26 governs the timing and process of discovery. If any discovery disputes arise, the parties must follow the existing procedure for resolving such disputes.

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Copyright
© Attribution Non-Commercial (BY-NC)
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

Civil Action No. 08-468 (GMS)

ORDER

WHEREAS, Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.2(b) do not

preclude parties from commencing discovery prior to the court noticing or conducting a scheduling

conference in a matter;

WHEREAS, Rule 26 of the Federal Rules of Civil Procedure sets forth the timing and

sequence of discovery, and requires, among other things, that the parties confer on the issue of

discovery; and

WHEREAS, Rule 26 of the Federal Rules of Civil Procedure does not preclude the parties

from commencing discovery prior to the court noticing or conducting a scheduling conference under

Federal Rule 16 and Local Rule 16.2(b);

IT IS HEREBY ORDERED that pursuant to, and in accordance with, the Federal Rules of

Civil Procedure and the local rules of this court:


1. In the above-captioned action, the parties are not precluded from commencing and

engaging in discovery prior to the court noticing and/or conducting a Rule 16/Local

Rule 16.2(b) scheduling conference.1

Dated: January 13, 2009 /s/ Gregory M. Sleet


CHIEF, UNITED STATES DISTRICT JUDGE

1
Upon the commencement of discovery, should a discovery related dispute arise, the
parties are expected to adhere to the court’s existing Discovery Dispute Resolution practice.
Furthermore, absent some other appropriate reason for delay, the court fully expects the parties
to proceed with commencement of discovery, notwithstanding notice or scheduling of the
Rule16 scheduling conference.

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