Shepherd, et al. v. Samuel, et al.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Estate of Lennell Shepherd, Jr., by its Personal Representative Shannon Mathis and Michael A. Waters, ) ) ) ) Plaintiffs, ) ) v. ) ) Melvin E. Samuel, Samuel Transportation, ) Inc., A Maryland Corporation, Recall ) Corporation, A Pennsylvania Corporation, ) And Global Logistics Group, A Maryland ) Corporation ) ) Defendants. ) C.A. No. 09C-05-254-JRJ ORDER AND NOW TO WIT, this 10th day of March, 2011, the Court having heard and duly considered a discovery motion, and having learned that the parties stipulated without prior Court approval to an extension of the Court ordered expert discovery cutoff in violation of the Court s November 9, 2009 scheduling order, IT IS HEREBY ORDERED as follows: 1. The parties shall immediately provide the Court with a copy of the stipulation modifying the expert discovery cutoff which was referred to during the hearing; 2. This Court s scheduling orders are not guidelines. 1 The parties shall review the Court s November 9, 2009 Scheduling Order and strictly adhere to it. 2 Jan R. Jurden, Judge cc: Prothonotary Original 1 See Todd v. Delmarva Power and Light Co., C.A. No. 06C-10-304, Parkins, J. (Del. Super. January 14, 2009) (Mem. Op.) (holding that scheduling orders are not mere guidelines but have full force and effect as any other order of the Superior Court.) 2 Although the Supreme Court has noted that scheduling orders are routinely ignored, (see Drejka v. Hitchens Tree Service, Inc., No. 748,2009 (Del., December 28, 2010) Slip. Op. at 7. ( Unfortunately, it is not uncommon for litigants to disregard scheduling orders. )), it is a rare circumstance (and will continue to be) where lawyers ignore this judge s scheduling orders. See e.g. Barrios v. E.I. DuPont de Nemours and Co., C.A. No. 08C-11-196-BEN, Jurden, J. (Del. Super. February 4, 2011) (ORDER) ( ¦[P]laintiff s violation of the scheduling order warrants a monetary sanction ¦. Plaintiff s failure to comply with the scheduling order has disrupted the schedule and possibly jeopardized the trial date which the Court takes very seriously. ) 2
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