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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-0051-LPS-CJB
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`FISHER-PRICE, INC. and
`MATTEL, INC.,
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`Plaintiffs,
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`v.
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`DYNACRAFT BSC, INC.,
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`Defendant.
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`PROCEDURES ORDER
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`IT IS HEREBY ORDERED that, subject to any subsequent order of the Court, the
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`following procedures shall govern proceedings in this matter:
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`1.
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`“Discovery Matters” Procedures.
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`a.
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`b.
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`Any discovery motion filed without first complying with the following
`procedures will be denied without prejudice to renew pursuant to these
`procedures.
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`Should counsel find, after good faith efforts - including verbal
`communication among Delaware and Lead Counsel for all parties to the
`dispute - that they are unable to resolve a discovery matter or a dispute
`relating to a protective order, the parties involved in the discovery matter
`or protective order dispute shall submit a joint letter in substantially the
`following form:
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`Dear Judge Stark:
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`The parties in the above referenced matter write to request the
`scheduling of a discovery teleconference.
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`The following attorneys, including at least one Delaware Counsel
`and at least one Lead Counsel per party, participated in a verbal meet-and-
`confer (in person and/or by telephone) on the following date(s):
`_________________________
`Delaware Counsel: ________________________
`Lead Counsel: ____________________________
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`The disputes requiring judicial attention are listed below:
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`01:21520571.1
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`Case 4:17-cv-03745-PJH Document 6 Filed 02/07/17 Page 2 of 3
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`c.
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`d.
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`e.
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`[provide here a non-argumentative list of disputes requiring judicial
`attention].
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`On a date to be set by separate order, generally not less than forty-eight
`(48) hours prior to the conference, the party seeking relief shall file with
`the Court a letter, not to exceed three (3) pages, outlining the issues in
`dispute and its position on those issues. On a date to be set by separate
`order, but generally not less than twenty-four (24) hours prior to the
`conference, any party opposing the application for relief may file a letter,
`not to exceed three (3) pages, outlining that party’s reasons for its
`opposition.
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`Each party shall submit two (2) courtesy copies of its discovery letter and
`any attachments.
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`Should the Court find further briefing necessary upon conclusion of the
`telephone conference, the Court will order it. Alternatively, the Court may
`choose to resolve the dispute prior to the telephone conference and will, in
`that event, cancel the conference.
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`2.
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`Motions to Amend.
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`a.
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`b.
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`c.
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`Any motion to amend (including a motion for leave to amend) a pleading
`shall NOT be accompanied by an opening brief but shall, instead, be
`accompanied by a letter, not to exceed three (3) pages, describing the basis
`for the requested relief, and shall attach the proposed amended pleading as
`well as a “blackline” comparison to the prior pleading.
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`Within seven (7) days after the filing of a motion in compliance with this
`Order, any party opposing such a motion shall file a responsive letter, not
`to exceed five (5) pages.
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`Within three (3) days thereafter, the moving party may file a reply letter,
`not to exceed two (2) pages, and, by this same date, the parties shall file a
`letter requesting a teleconference to address the motion to amend.
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`3.
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`Motions to Strike.
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`a.
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`b.
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`Any motion to strike any pleading or other document shall NOT be
`accompanied by an opening brief but shall, instead, be accompanied by a
`letter, not to exceed three (3) pages, describing the basis for the requested
`relief, and shall attach the document to be stricken.
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`Within seven (7) days after the filing of a motion in compliance with this
`Order, any party opposing such a motion shall file a responsive letter, not
`to exceed five (5) pages.
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`01:21520571.1
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`- 2 -
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`Case 4:17-cv-03745-PJH Document 6 Filed 02/07/17 Page 3 of 3
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
`not to exceed two (2) pages, and, by this same date, the parties shall file a
`letter requesting a teleconference to address the motion to strike.
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`4.
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`Scheduling Order. The foregoing procedures shall be repeated in the scheduling
`order to be entered in this case.
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`SO ORDERED, this _____ day of February, 2017.
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`____________________________________
`UNITED STATES MAGISTRATE JUDGE
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`01:21520571.1
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`- 3 -
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