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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CBV, INC.,
Plaintiff
v.
CHANBOND, LLC,
Defendant
and
DIERDRE LEANE and IPNAV, LLC,
Defendants.

C.A. No. 1:21-cv-01456-MN

SCHEDULING ORDER [NON-PATENT]
This _______ day of _________________, 2022, the Court having conducted an initial
Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined
after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation,
or binding arbitration;
IT IS ORDERED that:
1. Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard. The parties shall
make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days
from the date the Court enters this Order. If they have not already done so, the parties are to review
the Court's Default Standard for Discovery, Including Discovery of Electronically Stored Information
("ESI"), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for
Discovery) and is incorporated herein by reference
________________

2. Application to Court for Protective Order. Should counsel find it will be necessary to
apply to the Court for a protective order specifying terms and conditions for the disclosure of
confidential information, counsel should confer and attempt to reach an agreement on a proposed form
of order and submit it to the Court within five (5) days from the date the Court enters this Order.
Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the
provisions of Paragraph 7(g) below.
Any proposed protective order must include the following paragraph:
Other Proceedings. By entering this order and limiting the disclosure of
information in this case, the Court does not intend to preclude another
court from finding that information may be relevant and subject to
disclosure in another case. Any person or party subject to this order who
becomes subject to a motion to disclose another party's information
designated "confidential" [the parties should list any other level of
designation, such as "highly confidential," which may be provided for in
the protective order] pursuant to this order shall promptly notify that party
of the motion so that the party may have an opportunity to appear and be
heard on whether that information should be disclosed.
3. Papers Filed Under Seal. In accordance with section G of the Revised Administrative
Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed
document shall be filed electronically within seven (7) days of the filing of the sealed document.
4. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all
briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations,
affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be
double-sided.
5. ADR Process. This matter is referred to a magistrate judge to explore the possibility of
alternative dispute resolution.
________________

6. [Plaintiff’s Proposal: Limited Discovery Relating to Validity of the Advisory
Services Agreement. Unless otherwise ordered by the Court or agreed to by parties, the limitations
on discovery set forth in the Federal Rules shall be strictly observed.
(a) Discovery Cut Off. All discovery relating to the validity of the Advisory
Services Agreement shall be initiated so that it will be completed on or before August 26, 2022.
(b) Cross-Use of Discovery. The parties hereby agree that any discovery taken
in the arbitration referenced in the Complaint shall be deemed to have been taken in this action,
and Defendants shall expeditiously provide Plaintiff with copies of any discovery requests, written
discovery responses, documents, and deposition transcripts exchanged or taken in that arbitration.
(c) Document Production. Document production shall be substantially
complete by August 19, 2022.
(d) Requests for Admission. Absent good cause, a maximum of five (5)
requests for admission relating to the validity of the Advisory Services Agreement are permitted
for each side.
(e) Interrogatories.
i. Absent good cause, a maximum of five (5) interrogatories, including
contention interrogatories, relating to the validity of the Advisory Services Agreement are
permitted for each side.
ii. The Court encourages the parties to serve and respond to contention
interrogatories early in the case. In the absence of agreement among the parties, contention
interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
________________________

of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
detail a party provides, the more detail a party shall receive).
(f) Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is limited
to a total of Ten (10) hours of taking testimony by deposition upon oral examination relating to
the validity of the Advisory Services Agreement.
7. All Remaining Discovery. Unless otherwise ordered by the Court or agreed to by
parties, the limitations on discovery set forth in the Federal Rules shall be strictly observed.
(a) Discovery Cut Off. All discovery in this case shall be initiated so that it
will be completed on or before January 20, 2023.
(b) Cross-Use of Discovery. The parties hereby agree that any discovery taken
in the arbitration referenced in the Complaint shall be deemed to have been taken in this action,
and Defendants shall expeditiously provide Plaintiff with copies of any discovery requests, written
discovery responses, documents, and deposition transcripts exchanged or taken in that arbitration.
(c) Document Production. Document production shall be substantially
complete by December 2, 2022.
(d) Requests for Admission. Absent good cause, a maximum of Twenty (20)
requests for admission are permitted for each side.
(e) Interrogatories.
i. Absent good cause, a maximum of Twenty (20) interrogatories,
including contention interrogatories, are permitted for each side.
ii. The Court encourages the parties to serve and respond to contention
interrogatories early in the case. In the absence of agreement among the parties, contention
_____________________

interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
detail a party provides, the more detail a party shall receive).
(f) Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is limited
to a total of Twenty-Four (24) hours of taking testimony by deposition upon oral examination.
ii. Location of Depositions. Any party or representative (officer,
director, or managing agent) of a party filing a civil action in this district court must ordinarily be
required, upon request, to submit to a deposition at a place designated within this district.
Exceptions to this general rule may be made by order of the Court. A defendant who becomes a
counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
action in this Court for the purpose of this provision.
(g) Disclosure of Expert Testimony.
i. Identification of Experts. The Parties shall disclose the identity of
any proposed affirmative expert they intend to use on a given subject matter, regardless of which
party has the initial burden of proof on that subject matter, on December 21, 2022. The disclosure
shall include the identity and CV of the expert, for conflicts purposes, and a general description of
the intended subject matter of the expert’s report. The identity and CV of any rebuttal expert shall
be disclosed on January 20, 2022.
ii. Expert Reports. For the party who has the initial burden of proof on
the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert
testimony is due on or before February 10, 2023. The supplemental disclosure to contradict or
rebut evidence on the same matter identified by another party is due on or before March 10, 2023
____________________________

Reply expert reports from the party with the initial burden of proof are due on or before March
31, 2023. No other expert reports will be permitted without either the consent of all parties or
leave of the Court. Along with the submissions of the expert reports, the parties shall advise of
the dates and times of their experts' availability for deposition.
iii. Objections to Expert Testimony. To the extent any objection to
expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
shall be made by motion no later than fourteen (14) days after the close of expert discovery,
unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local
Rules.
iv. Expert Discovery Cut Off. All expert discovery in this case shall be
initiated so that it will be completed on or before May 30, 2023. ]
[Defendants’ Proposal: Defendants oppose bifurcation of discovery with respect to
limited, early discovery related to validity of the Advisory Services Agreement, oppose the
scheduling order dictating how the parties are to allocate their discovery resources in the
event of bifurcation, and CBV’s proposed deviation from the discovery limits the parties
agreed to when they submitted their prior proposed scheduling order. Defendants’ proposed
schedule is set forth below:
(a) Discovery Cut Off. All discovery in this case shall be initiated so that it
will be completed on or before November 21, 2022.
(b) Cross-Use of Discovery. The parties hereby agree that any discovery taken
in the arbitration referenced in the Complaint shall be deemed to have been taken in this action,
____________________________

and Defendants shall expeditiously provide Plaintiff with copies of any discovery requests, written
discovery responses, documents, and deposition transcripts exchanged or taken in that arbitration.
(c) Document Production. Document production shall be substantially
complete by October 3, 2022.
(d) Requests for Admission. Absent good cause, a maximum of Twenty (20)
requests for admission are permitted for each side.
(e) Interrogatories.
i. Absent good cause, a maximum of Twenty (20) interrogatories,
including contention interrogatories, are permitted for each side.
ii. The Court encourages the parties to serve and respond to contention
interrogatories early in the case. In the absence of agreement among the parties, contention
interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
detail a party provides, the more detail a party shall receive).
(f) Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is limited
to a total of Thirty-Five (35) hours of taking testimony by deposition upon oral examination.
ii. Location of Depositions. Any party or representative (officer,
director, or managing agent) of a party filing a civil action in this district court must ordinarily be
required, upon request, to submit to a deposition at a place designated within this district.
Exceptions to this general rule may be made by order of the Court. A defendant who becomes a
counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
action in this Court for the purpose of this provision
___________________________

(g) Disclosure of Expert Testimony.
i. Identification of Experts. The Parties shall disclose the identity of
any proposed affirmative expert they intend to use on a given subject matter, regardless of which
party has the initial burden of proof on that subject matter, on October 21, 2022. The disclosure
shall include the identity and CV of the expert, for conflicts purposes, and a general description of
the intended subject matter of the expert’s report. The identity and CV of any rebuttal expert shall
be disclosed on November 20, 2022.
ii. Expert Reports. For the party who has the initial burden of proof on
the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert
testimony is due on or before December 21, 2022. The supplemental disclosure to contradict or
rebut evidence on the same matter identified by another party is due on or before January 20,
2023. Reply expert reports from the party with the initial burden of proof are due on or before
February 3, 2023. No other expert reports will be permitted without either the consent of all
parties or leave of the Court. Along with the submissions of the expert reports, the parties shall
advise of the dates and times of their experts' availability for deposition.
iii. Objections to Expert Testimony. To the extent any objection to
expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
shall be made by motion no later than fourteen (14) days after the close of expert discovery,
unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local
Rules.
iv. Expert Discovery Cut Off. All expert discovery in this case shall be
initiated so that it will be completed on or before March 20, 2023. ]
______________________

(h) Discovery Matters and Disputes Relating to Protective Orders.
i. Any discovery motion filed without first complying with the
following procedures will be denied without prejudice to renew pursuant to these procedures.
ii. Should counsel find, after a reasonable effort pursuant to Local
Rule 7.1.1 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 contact the
Court's Judicial Administrator to schedule an argument.
iii. On a date to be set by separate order, generally not less than four (4)
days 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 three (3) days 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.
iv. The parties shall provide to the Court two (2) courtesy copies of its
discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits,
declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy
copies shall be double-sided.
v. Should the Court find further briefing necessary upon conclusion of
the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute
prior to the conference and will, in that event, cancel the conference.
______________________________

8. Motions to Amend / Motions to Strike.
(a) Any motion to amend (including a motion for leave to amend) a pleading
or any motion to strike any pleading or other document shall be made pursuant to the discovery
dispute procedure set forth in Paragraph 7(g) above.
(b) Any such motion shall attach the proposed amended pleading as well as a
"redline" comparison to the prior pleading or attach the document to be stricken.
9. Case Dispositive Motions.
(a) Case dispositive motions relating to the validity of the Advisory Services
Agreement, an opening brief, and affidavits, if any, in support of the motion shall be served and
filed on or before September 16, 2022.
(b) All other case dispositive motions not contemplated in Paragraph 9(a), an
opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before
[Plaintiff’s Proposal: July 28, 2023; Defendants’ Proposal: December 20, 2022]. Briefing will
be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 with
respect to this Paragraph 9(b) may be filed more than ten (10) days before the above date without
leave of the Court.
(c) Concise Statement of Facts Requirement. Any motion for summary
judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which
details each material fact which the moving party contends is essential for the Court’s resolution
of the summary judgment motion (not the entire case) and as to which the moving party contends
there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph
and shall be supported by specific citation(s) to the record
____________________________

Any party opposing the motion shall include with its opposing papers a response to the
moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts
set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent
a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate
that fact is not in dispute for purposes of summary judgment. The party opposing the motion may
also include with its opposing papers a separate concise statement, not to exceed four (4) pages,
which sets forth material facts as to which the opposing party contends there is a genuine issue to
be tried. Each fact asserted by the opposing party shall also be set forth in a separate numbered
paragraph and shall be supported by specific citation(s) to the record.
The moving party shall include with its reply papers a response to the opposing party's
concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis. Failure
to respond to a fact presented in the opposing party’s concise statement of facts shall indicate that
fact remains in dispute for purposes of summary judgment.
10. Applications by Motion. Except as otherwise specified herein, any application to
the Court shall be by written motion. Any non-dispositive motion should contain the statement
required by Local Rule 7.1.1.
11. Motions in Limine. Motions in limine shall not be separately filed. All in limine
requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be
limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
request and any response shall contain the authorities relied upon; each in limine request may be
supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three
(3) pages of argument, and the party making the in limine request may add a maximum of one (1)
___________________________

additional page in reply in support of its request. If more than one party is supporting or opposing
an in limine request, such support or opposition shall be combined in a single three (3) page
submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the
Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted
by the Court.
12. Pretrial Conference. On [Plaintiff’s Proposal: November ____,
2023/Defendants’ Proposal: April ___, 2023], the Court will hold a pretrial conference in Court
with counsel beginning at _____. The parties shall file with the Court the joint proposed final
pretrial order in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures
for Civil Cases not later than seven (7) days before the pretrial conference. Unless otherwise
ordered by the Court, the parties shall comply with the timeframes set forth in Local
Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order. The Court will
advise the parties at or before the above-scheduled pretrial conference whether an additional
pretrial conference will be necessary.
The parties shall provide the Court two (2) double-sided courtesy copies of the joint
proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a
table of contents.
13. Trial. This matter is scheduled for a 3 day bench trial beginning at 9:30 a.m. on
[Plaintiff’s Proposal: December _______, 2023/Defenants’ Proposal: May ___, 2023], with the
subsequent trial days beginning at 9:00 a.m. The trial will be timed, as counsel will be allocated a
total number of hours in which to present their respective cases.
_________________
The Honorable Maryellen Noreika
United States District Judge

_____________________________________
Counsel Shall Provide a Chart of All Relevant Deadlines
EVENT PLAINTIFF’S PROPOSED
DEADLINE
DEFENDANT’S
PROPOSED DEADLINE
Application for Protective Order Five (5) days after entry of
Scheduling Order
Same
Rule 26(a)(1) Initial Disclosures Five (5) days after entry of
Scheduling Order
Same
Phase 1 (Validity of ASA)
Discovery Cut Off
August 26, 2022 N/A
Phase 1 Document Production
Substantial Completion
August 19, 2022 N/A
Phase 2 Discovery Cutoff January 20, 2023 November 21, 2022
Phase 2 Document Production
Substantial Completion
December 2, 2022 October 3, 2022
Identification of Affirmative
Experts
December 21, 2022 October 21, 2022
Identification of Rebuttal Experts January 20, 2022 November 20, 2022
Plaintiff’s Expert Report February 10, 2023 December 21, 2022
Defendants’ Rebuttal Expert
Report
March 10, 2023 January 20, 2023
Plaintiff’s Reply Expert Report March 31, 2023 February 3, 2023
Expert Discovery Cut Off May 30, 2023 March 20, 2023
Objections to Expert Testimony Fourteen (14) days after the
close of expert discovery
Same
Case dispositive motions relating
to the validity of the Advisory
Services Agreement
September 16, 2022 N/A
All other case dispositive
motions
July 28, 2023 December 20, 2022
__________________________

Pretrial Order and Motions in
Limine
Seven (7) days before the
Pretrial Conference
Same
Pretrial Conference November ___, 2023 April ____, 2023
Trial December ___, 2023 May _____, 2023

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