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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE



UNITED STATES OF AMERICA,
                  Plaintiff,

                  v.

FEDERATION OF PHYSICIANS AND  
DENTISTS, INC.,
               Defendant.


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CA 98-475 JJF



STIPULATED SCHEDULING ORDER

Pursuant to the Court's instructions at the scheduling conference held on February 16, 1999, both parties have consulted and agreed upon the following schedule and provisions regarding discovery in this case, and both parties respectfully request the Court to enter this Stipulated Scheduling Order pursuant to Fed. R. Civ. P. 16(e):

  1. SCHEDULE

From the present

Discovery between the parties and of all non-parties continues

April 5, 1999

Defendant shall respond to plaintiff's February 24, 1999, letter to the Court, outlining issues to be heard at the April 20, 1999, hearing

April 20, 1999
12:00 p.m.

Discovery dispute hearing will be held

June 1, 1999

Deadline for filing of motions to amend the pleadings

October 15, 1999

All discovery, except expert witness discovery, ends

November 1, 1999

Deadline for service on opposing counsel of expert reports, prepared in accordance with Rule 26(a)(2)(B)

December 1, 1999

Deadline for service on opposing counsel of expert reports, prepared in accordance with Rule 26(a)(2)(B), intended solely to contradict or rebut evidence on the same subject matter identified by the other party in an expert report disclosed on or before November 1, 1999

December 31, 1999

Close of expert discovery

January 3, 2000

Period for filing of dispositive or partially dispositive motions commences

January 14, 2000

Deadline for filing and serving dispositive or partially dispositive motions

February 4, 2000

Deadline for filing and serving answering briefs in opposition to dispositive or partially dispositive motions

February 16, 2000

Deadline for filing and serving reply briefs in support of dispositive or partially dispositive motions

March 15, 2000

Joint pretrial statement to be filed, including Rule 26(a)(3) disclosures

Late March, 2000

Pretrial conference

Late April, 2000

Trial begins

  1. ADDITIONAL PROVISIONS
    1. No party shall take more than 30 depositions in this action, except that a deposition of each expert witness, who submits an expert report during the period provided by this order, shall be permitted even if a party has previously taken 30 depositions in this action.

    2. No party shall propound more than 35 interrogatories to the other party. Each subpart shall be counted as a separate interrogatory. Interrogatories already propounded by plaintiff shall count toward its total of 35 permitted.

    3. No party shall propound more than 75 requests for admissions to the other party, except with permission of the Court.

    4. The stipulations reached by the parties in the Proposed Discovery Plan, filed with the Court on October 19, 1998, are incorporated into this Stipulated Scheduling Order and remain in full force and effect, except that this Stipulated Scheduling Order controls over any and all inconsistencies.

COUNSEL FOR PLAINTIFF
UNITED STATES OF AMERICA

_______________/s/________________
Virginia Gibson-Mason (DSB # 3699)
Assistant United States Attorney
1201 Market Street, Suite 1100
Wilmington, DE 19801
Tel.: (302)573-5677
Facsimile: (302)573-6220

COUNSEL FOR DEFENDANT
FEDERATION OF PHYSICIANS AND DENTISTS

_______________/s/________________
Perry F. Goldlust (DSB # 770)
Heiman, Aber, Goldlust & Baker
First Federal Plaza, Suite 600
P.O. Box 1675
Wilmington, DE 19899-1675


ORDER

SO ORDERED:

Dated: March 4, 1999

Wilmington, Delaware


_______________/s/________________
Honorable Joseph J. Farnan, Jr.
Chief Judge
United States District Court