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`Exhibit C
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`Case 1:22-cv-00252-MSG Document 28-3 Filed 08/01/22 Page 2 of 3 PageID #: 705
`Case 1:08-cv-00408-GMS Document 18 Filed 01/13/09 Page 1 of 2 PageID #: 186
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 08-408 (GMS)
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`ORDER
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`WHEREAS, Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.2(b) do not
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`preclude parties from commencing discovery prior to the court noticing or conducting a scheduling
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`conference in a matter;
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`WHEREAS, Rule 26 of the Federal Rules of Civil Procedure sets forth the timing and
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`sequence of discovery, and requires, among other things, that the parties confer on the issue of
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`discovery; and
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`WHEREAS, Rule 26 of the Federal Rules of Civil Procedure does not preclude the parties
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`from commencing discovery prior to the court noticing or conducting a scheduling conference under
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`Federal Rule 16 and Local Rule 16.2(b);
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`IT IS HEREBY ORDERED that pursuant to, and in accordance with, the Federal Rules of
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`Civil Procedure and the local rules of this court:
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`
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`Case 1:22-cv-00252-MSG Document 28-3 Filed 08/01/22 Page 3 of 3 PageID #: 706
`Case 1:08-cv-00408-GMS Document 18 Filed 01/13/09 Page 2 of 2 PageID #: 187
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`1.
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`In the above-captioned action, the parties are not precluded from commencing and
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`engaging in discovery prior to the court noticing and/or conducting a Rule 16/Local
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`Rule 16.2(b) scheduling conference.1
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`Dated: January 13, 2009
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` /s/ Gregory M. Sleet
`CHIEF, UNITED STATES DISTRICT JUDGE
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`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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`2
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