Judge Paul R. Wallace

The original dispositive motion, response, and reply should be electronically filed with one courtesy copy promptly delivered to chambers.

The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.

Page 1 | Motions & Briefing – Dispositive Motions

A substantive email must be docketed by the sender and may be sent only with Judge Wallace’s approval or in exigent circumstances.

Substantive emails must be docketed by the sending party and may be sent only when (a) Judge Wallace has approved such email filing in the subject case or (b) exigent circumstances exist.

Page 1 | Communications

A letter to Judge Wallace must be electronically docketed, need not be delivered as a chambers courtesy copy, and should be emailed to specified chambers staff.

A letter to Judge Wallace need only be docketed electronically in the subject case. No courtesy copy need be delivered to Judge Wallace's chambers. Instead, an electronic copy, as docketed, should be transmitted via email to Judge Wallace's Administrative Specialist, Civil Case Manager and Law Clerk.

Page 1 | Communications

Administrative emails must not be docketed.

Administrative emails are not docketed.

Page 1 | Communications

Unless an alternative schedule applies, an answering brief must be filed and served by the later of 30 days after motion service or 30 days after a separate joinder or supporting brief is filed.

Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.

Page 6 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

A separate joinder or supporting brief must be served within three business days after service of the motion or opposition.

provided it is served within three (3) business days after service of the motion or opposition

Page 6 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

Absent leave of the Court, discovery and other motions must be filed at least 15 calendar days before the noticed hearing date.

Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date

Page 6 | VI. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

Responses must be filed no later than seven (7) calendar days after the motion is filed.

responses shall be filed no later than seven (7) calendar days after the filing of the motion

Page 6 | VI. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

A reply brief must be filed no later than seven days before the motion hearing.

but no later than seven (7) days before any hearing on the motion.

Page 6 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

Responses to discovery and other motions must also be filed no later than the Wednesday before the motion hearing.

and in no case later than the Wednesday prior to the motion’s hearing

Page 6 | VI. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

Unless a specific order provides otherwise, a response to a motion in limine with all supporting authority is due no later than 7 business days after filing.

Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the filing of the motion in limine.

Page 2 | TRIAL SCHEDULING ORDER (c)(2) Filing of Motions in Limine

Responses to dispositive motions are due 14 business days after filing.

later than . Responses are due 14 business days after filing.

Page 2 | TRIAL SCHEDULING ORDER (c)(1) Filing of Dispositive Motions

Routine civil motions must be filed at least 15 calendar days before the noticed presentation date, with one courtesy copy including exhibits delivered to Judge Wallace’s chambers.

Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Routine Civil Motions

The response to a case-dispositive motion is due no later than 14 days after the motion is filed, excluding weekends and holidays.

The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Case Dispositive Motions

Routine-motion responses are due within 7 calendar days after filing and no later than the Wednesday before the hearing, with one courtesy copy including exhibits delivered to chambers.

Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing, with one courtesy copy of a response (with exhibits) delivered to Judge Wallace in chambers.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Routine Civil Motions

A response to a dispositive motion is due no later than 30 days after the motion is filed, with briefing and further proceedings governed by Section VII-A.

Any response to a dispositive motion is due no later than thirty (30) days after the filing of the dispositive motion and briefing and further proceedings on dispositive motions are to proceed in accord with Section VII-A of this Order.

Page 4 | V. DISPOSITIVE MOTIONS DUE

Dispositive motions may be filed by the case-specific deadline stated in the scheduling order.

Dispositive motions may be filed on or before _____________.

Page 4 | V. DISPOSITIVE MOTIONS DUE

Unless the parties agree to or the Court orders a different schedule, the answering brief must be filed and served by the later of thirty (30) days after service of the motion or thirty (30) days after a defendant files a separate joinder or supporting brief.

Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.

Page 6 | VII. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS — 3. Answering Brief on a Dispositive Motion

Absent court leave, discovery and other motions must be filed at least fifteen calendar days before the noticed hearing date; the text provided does not state the unit for the response deadline.

Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date; responses shall be filed no later than seven (7)

Page 6 | VII. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

A dispositive-motion reply may be filed fourteen days after responses are received.

A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than fourteen (14) days before any hearing on the motion.

Page 6 | VII. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS — 4. Reply Brief on a Dispositive Motion

A defendant’s separate joinder or brief supporting another defendant’s motion or opposition must be served within three business days after service of the motion or opposition.

any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition

Page 6 | VII. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS — 2. Opening Brief on a Dispositive Motion

Unless an alternative schedule is agreed to or ordered, an answering brief must be filed and served at the later of 30 days after service of the motion or 30 days after a defendant files a separate joinder or supporting brief.

Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a separate joinder or brief adopting or supporting a motion or opposition of another defendant.

Page 6 | VII. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS — 3. Answering Brief on a Dispositive Motion

Without leave of court, discovery and other covered motions must be filed at least fifteen calendar days before the noticed hearing date.

Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date;

Page 7 | B. Discovery and Other Motions

Responses to discovery and other covered motions are due within seven calendar days after filing and no later than the Wednesday before the hearing.

responses shall be filed no later than seven (7) calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing—such responses shall also be limited to 2,500 words;

Page 7 | B. Discovery and Other Motions

No reply submission may be filed in response to a discovery motion or other covered motion.

and no reply submission shall be filed.

Page 7 | B. Discovery and Other Motions

A dispositive-motion reply may be filed fourteen days after responses are received and must be filed at least fourteen days before the hearing.

A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than fourteen (14) days before any hearing on the motion.

Page 7 | A. Reply Brief on a Dispositive Motion

Proposed jury instructions ordinarily must be filed on the Wednesday before trial.

Ordinarily, proposed jury instructions must be filed the Wednesday before the trial date.

Page 1 | Pretrial/Evidentiary Matters – Pretrial Conferences

A dispositive-motion response with all supporting authority is due no later than 14 days after filing, excluding weekends and holidays.

a response (with all supporting authority) to any dispositive motion is due no later than 14 days (excluding weekends and holidays) after the filing of the motion.

Page 1 | Motions & Briefing – Dispositive Motions

A reserved dispositive-motion oral-argument time may be canceled if the motion is not filed within four days after obtaining the time.

If a party then does not file a dispositive motion within 4 days after obtaining the date and time for oral argument, the scheduled time may be canceled.

Page 1 | Motions & Briefing – Dispositive Motions

A routine-motion response is due within seven calendar days after filing and, in all cases, no later than the Wednesday before the hearing.

(2) responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion's hearing.

Page 1 | Motions & Briefing – Routine Motions

After postponement, plaintiff’s counsel must submit a status report within 60 days of the postponed conference date.

Plaintiff's counsel must then submit a status report within sixty days of the date of the postponed conference.

Page 1 | Initial Stages – Initial Scheduling Conferences

A routine motion must be filed at least 15 calendar days before its noticed hearing date.

The provisions of Paragraph IV of the NCC Plan and Superior Court Civil Rule 107(b) to the contrary notwithstanding, in Judge Wallace's cases: (1) routine Motions must be filed no less than 15 calendar days prior to the noticed date

Page 1 | Motions & Briefing – Routine Motions

Responses to dispositive motions are due within 14 business days after filing.

Responses are due 14 business days after filing.

Page 1 | Trial Scheduling Order — Filing of Dispositive Motions

Unless a case-specific order states otherwise, a response with supporting authority to a motion in limine is due within seven business days after filing, and an untimely response may result in the motion being deemed unopposed.

Unless a specific order entered in this case provides otherwise, a Response (with all supporting authority) is due no later than 7 business days after the filing of the motion in limine. Failure to file a timely Response may result in the Court deeming the motion as unopposed.

Page 2 | Trial Scheduling Order — Filing of Motions in Limine

The response to a case-dispositive motion is due no later than fourteen days after filing, excluding weekends and holidays.

The response is due no later than fourteen 14 days (excluding weekends and holidays) after the filing of the motion.

Page 4 | Case Dispositive Motions

A response to a routine motion is due no later than seven calendar days after filing and in all events no later than the Wednesday before the hearing; one courtesy copy including exhibits must be delivered to Judge Wallace in chambers.

Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing, with one courtesy copy of a response (with exhibits) delivered to Judge Wallace in chambers.

Page 4 | Routine Civil Motions

Routine motions must be filed at least fifteen calendar days before the noticed presentation date, with one courtesy copy including exhibits delivered to Judge Wallace in chambers.

Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.

Page 4 | Routine Civil Motions

Unless the parties agree or the court orders otherwise, an answering brief must be filed and served at the later of 30 days after service of the motion or 30 days after a defendant’s separate joinder or supporting brief is filed.

Unless an alternative schedule has been agreed to by the parties or ordered by the Court, such answering brief shall be filed and served the later of thirty (30) days after any service of the motion, or thirty (30) days after any defendant files a ===== PAGE 6 ===== separate joinder or brief adopting or supporting a motion or opposition of another defendant.

Page 5 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

A dispositive-motion reply brief may be filed 14 days after responses are received and must be filed no later than seven days before the hearing.

A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than seven (7) days before any hearing on the motion.

Page 6 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

Without leave of court, discovery and other covered motions must be filed at least 15 calendar days before the noticed hearing date.

Absent leave of the Court, all discovery and other motions shall be filed no less than fifteen (15) calendar days prior to the noticed hearing date

Page 6 | VI. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

Responses to discovery and other covered motions are due no later than seven calendar days after filing and in no event later than the Wednesday before the hearing; each response is limited to 2,500 words, and no reply may be filed.

responses shall be filed no later than seven (7) calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing—such responses shall also be limited to 2,500 words; and no reply submission shall be filed.

Page 6 | VI. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

A person challenging confidential treatment has seven days to file an opposition.

The person challenging Confidential Treatment shall have seven (7)

Page 15 | Confidential and Highly Confidential Designations

Dispositive motions may be filed on or before the date stated in the scheduling order.

Dispositive motions may be filed on or before _____________.

Page 4 | IV. DISPOSITIVE MOTIONS DUE

A response to a dispositive motion is due no later than 30 days after the motion is filed, with briefing and further proceedings governed by Section VI-A.

Any response to a dispositive motion is due no later than thirty (30) days after the filing of the dispositive motion and briefing and further proceedings on dispositive motions are to proceed in accord with Section VI-A of this Order.

Page 4 | IV. DISPOSITIVE MOTIONS DUE

A reply brief on a dispositive motion may be filed fourteen days after responses are received.

A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received

Page 6 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

If a reply brief is filed on a dispositive motion, it may be filed 14 days after responses are received but no later than seven days before the hearing.

A reply brief on a dispositive motion may be filed fourteen (14) days after responses are received, but no later than seven (7) days before any hearing on the motion.

Page 6 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

The order establishes separate filing deadlines for motions in limine and their responses, but the dates are left blank.

All motions in limine shall be filed no later than _____________ and all responses to those motions shall be filed no later than _____________.

Page 7 | C. MOTIONS IN LIMINE

The interim status report is due no more than 14 days after mandatory ADR is conducted.

An Interim Status Report will be due no more than 14 days after ADR has been conducted.

Page 2 | TRIAL SCHEDULING ORDER (e) Interim Status Report

If no timely response is filed, the Court may deem the routine motion unopposed, grant it before the hearing, and notify the parties.

If no response is timely filed, the Court may deem the motion unopposed, grant the motion before the hearing, and will so notify the parties.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Routine Civil Motions

Motions to join parties or amend or supplement pleadings must be filed by the specified deadline.

Motions seeking to join other parties and motions to amend or supplement the pleadings must be filed and served on or before _____________.

Page 2 | I. GENERAL — D. ADDITION OF PARTIES; AMENDMENTS OR SUPPLEMENTS OF PLEADINGS

A joint application to amend the initial Trial Scheduling Order must be made within seven days after the order is first docketed.

First amendment of this initial Trial Scheduling Order will be liberally granted upon the parties’ joint application made within 7 days of its first docketing.

Page 3 | Trial Scheduling Order

Judge Wallace hears routine civil motions on Mondays at 9:00 a.m.

Judge Wallace’s routine civil motions are on Mondays at 9:00 a.m.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Routine Civil Motions

Judge Wallace’s routine civil motions are heard on Mondays at 9:00 a.m.

Judge Wallace’s routine civil motions are on Mondays at 9:00 a.m.

Page 4 | Routine Civil Motions

When a new party is added, the party adding it must serve the new party with the Case Management Order at the same time it serves the pleading joining the new party.

Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.

Page 1 | I. GENERAL

Documents initiating specified discovery requests and responses to them must be served electronically through LEXIS/NEXIS, excluding the actual production of documents.

except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.

Page 2 | II. LEXIS/NEXIS E-FILING PROCEDURES

A party adding a new party must serve the new party with the Case Management Order at the same time it serves the pleading joining that party.

Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.

Page 1 | I. GENERAL, B. SERVICE OF CASE MANAGEMENT ORDER ON NEW PARTIES

Discovery requests and responses, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.

except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.

Page 2 | II. LEXIS/NEXIS E-FILING PROCEDURES

A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.

Subject to the requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.

Page 6 | VII. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS — 2. Opening Brief on a Dispositive Motion

A party adding a new party must serve the new party with the Case Management Order when it serves the pleading joining that party.

Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.

Page 1 | I. GENERAL — B. SERVICE OF CASE MANAGEMENT ORDER ON NEW PARTIES

Documents initiating discovery requests and their responses, excluding actual document production, must be served electronically through LEXIS/NEXIS.

The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2007-6, E-File Administrative Procedures, dated December 13, 2007, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.

Page 2 | II. LEXIS/NEXIS E-FILING PROCEDURES

A party receiving a court notice concerning release of sealed documents containing another producing party's confidential discovery material must deliver the notice to that producing party's counsel by hand, email, or facsimile within three business days after receipt if the court did not send it directly.

When any Party receives a notice from the Court pursuant to Rule 5(g)(5) concerning the release of sealed documents that were filed with the Superior Court by such Party but contain Discovery Material designated as Confidential Discovery Material by another Producing Party, the Party receiving the notice shall deliver a copy of such notice (by hand, email, or facsimile transmission) to counsel for the Producing Party (or Producing Parties) within three (3) business days of the receipt of such notice, if such notice is not otherwise sent to such Producing Party by the Superior Court,

Page 12 | Paragraph 13

When a new party is added, the party adding it must serve a copy of the Case Management Order simultaneously with the pleading joining the new party.

Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.

Page 1 | I. GENERAL

Filing and service generally must comply with Superior Court Civil Rule 79.1 and the referenced E-File Administrative Procedures, but discovery-request documents and responses, excluding the actual document production, must be served electronically through LEXIS/NEXIS.

The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.

Page 2 | II. LEXIS/NEXIS E-FILING PROCEDURES

A separate joinder or supporting brief must be served within three business days after service of the motion or opposition.

Subject to the requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition

Page 5 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

A party issuing a subpoena to a nonparty must enclose the stipulation and notify the nonparty that its protections are available.

Any Party issuing a subpoena to a non-Party shall enclose a copy of this Stipulation and notify the non-Party that the protections of this Stipulation are available to such non-Party.

Page 12

The parties may serve third-party subpoenas only until the specified deadline.

The parties are permitted to serve third-party subpoenas until _____________.

Page 2 | III. DISCOVERY SCHEDULE — A. DOCUMENT PRODUCTION

Motions to join parties or amend or supplement pleadings must be served by the specified deadline.

Motions seeking to join other parties and motions to amend or supplement the pleadings must be filed and served on or before _____________.

Page 2 | I. GENERAL — D. ADDITION OF PARTIES; AMENDMENTS OR SUPPLEMENTS OF PLEADINGS

Requests for production must be served by the first specified deadline, and the requested documents must be produced by the second specified deadline.

Requests f or Production of documents shall be served on or before _____________, with all documents to be produced on or before _____________.

Page 2 | III. DISCOVERY SCHEDULE — A. DOCUMENT PRODUCTION

The notice-delivery requirement may be waived only if the Producing Party gives prior written consent.

The provisions of this Paragraph may be waived only with the prior written consent of the Producing Party.

Page 15 | Confidential and Highly Confidential Designations

A party receiving notice must deliver a copy to the producing party's counsel by hand, email, or facsimile within three business days after receipt, unless the Prothonotary already sent the notice to the producing party.

the Party receiving the notice shall deliver a copy of such notice (by hand, email, or facsimile transmission) to counsel for the Producing Party (or Producing Parties) within three (3) business days of the receipt of such notice, if such notice is not otherwise sent to such Producing Party by the Prothonotary

Page 15 | Confidential and Highly Confidential Designations

Process may be served by certified mail, return receipt requested, addressed to a party or its registered agent, or by any other method authorized by law.

Each of the Parties further consents and agrees that process in any suit, action, or proceeding may be served on such Party by certified mail, return receipt requested, addressed to such Party or such Party’s registered agent in the state of its incorporation or organization, or in any other manner provided by law.

Page 23

A party may be served process by certified mail, return receipt requested, addressed to the party or its registered agent in its state of incorporation or organization.

Each of the Parties further consents and agrees that process in any suit, action, or proceeding may be served on such Party by certified mail, return receipt requested, addressed to such Party or such Party’s registered agent in the state of its incorporation or organization, or in any other manner provided by law.

Page 26 | 31

The trial fee must be paid no later than the pretrial conference; if unpaid within two business days after the conference, the case will be removed from the trial calendar and a new trial date will be scheduled upon payment.

(g) Trial Fee. The trial fee shall be paid no later than the date of the pretrial conference. If the trial fee is not paid within two business days of the pretrial conference, the case will be removed from the Court’s trial calendar. A new trial date will then be scheduled upon payment of the trial fee.

Page 3 | Trial Fee

Plaintiff’s counsel must file the Interim Status Report, provide a copy to the assigned judge, and submit a $150.00 trial fee check payable to the Prothonotary.

The Interim Status Report is to be filed by Plaintiff(s)’s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the “Prothonotary.”

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Interim Status Report

The trial fee must be paid by the date of the pretrial conference.

The trial fee shall be paid no later than the date of the pretrial conference.

Page 3 | Trial Scheduling Order

Failure to pay the trial fee within two business days after the pretrial conference removes the case from the trial calendar, and a new trial date is scheduled only upon payment.

If the trial fee is not paid within two business days of the pretrial conference, the case will be removed from the Court’s trial calendar. A new trial date will then be scheduled upon payment of the trial fee.

Page 3 | Trial Scheduling Order

Plaintiff’s counsel must file the Interim Status Report with a copy to the assigned judge and a $150 trial-fee check payable to the Prothonotary.

The Interim Status Report is to be filed by Plaintiff(s)’s Counsel with a copy to the assigned Judge, together with a check for the $150.00 trial fee made payable to the “Prothonotary.”

Page 4 | Interim Status Report

The original case-dispositive motion and response must be filed with the Prothonotary, with one courtesy copy including exhibits delivered to Judge Wallace’s chambers.

The original motion and the response thereto shall be filed with the Prothonotary’s Office with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Case Dispositive Motions

One courtesy copy of a routine civil motion, including exhibits, must be delivered to Judge Wallace’s chambers.

Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Routine Civil Motions

One courtesy copy of a routine-motion response, including exhibits, must be delivered to Judge Wallace’s chambers.

Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing, with one courtesy copy of a response (with exhibits) delivered to Judge Wallace in chambers.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Routine Civil Motions

Counsel must provide Judge Wallace’s Chambers one courtesy copy of specified CCLD pleading documents and related exhibits as soon as possible.

Counsel shall file one (1) courtesy copy of their complaints, cross-claims, counterclaims, and any related exhibits with Judge Wallace's Chambers as soon as possible.

Page 1 | Initial Stages – Complex Commercial Litigation Division (CCLD) Cases

One courtesy copy of the dispositive motion, response, and reply must be promptly delivered to chambers.

The original motion, response, and reply should be e-filed with 1 courtesy copy promptly delivered to chambers.

Page 1 | Motions & Briefing – Dispositive Motions

One courtesy copy of a routine motion and response, including exhibits, must be filed in chambers.

One courtesy copy of both the motion and response (with exhibits) must be filed in chambers.

Page 1 | Motions & Briefing – Routine Motions

One courtesy copy of a routine-motion response, including exhibits, must be delivered to Judge Wallace in chambers.

Responses are due no later than 7 calendar days after the filing of the motion and in no case later than the Wednesday prior to the motion’s hearing, with one courtesy copy of a response (with exhibits) delivered to Judge Wallace in chambers.

Page 4 | Routine Civil Motions

The original case-dispositive motion and response must each be filed with the Prothonotary’s Office, with one courtesy copy including exhibits delivered to Judge Wallace in chambers.

The original motion and the response thereto shall be filed with the Prothonotary’s Office with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.

Page 4 | Case Dispositive Motions

One courtesy copy of a routine motion, including exhibits, must be delivered to Judge Wallace in chambers.

Motions must be filed no less than fifteen 15 calendar days prior to the noticed presentation date with one courtesy copy (with exhibits) delivered to Judge Wallace in chambers.

Page 4 | Routine Civil Motions

No courtesy copy of the letter must be delivered to Judge Wallace’s chambers.

No courtesy copy need be delivered to Judge Wallace's chambers.

Page 1 | Communications

Any court filing that communicates Confidential Discovery Material must be filed confidentially and withheld from public access under Superior Court Civil Rules 5(g) and 79.1.

Any pleading, brief, memorandum, motion, letter, affidavit, exhibit or other document filed with the Court that discloses, summarizes, describes, characterizes, includes or attaches or otherwise communicates Confidential Discovery Material (a “Confidential Filing”) must be filed confidentially and not available for public access (“Confidential Treatment”) in accordance with the provisions of Superior Court Civil Rules 5(g) and 79.1

Page 10 | Paragraph 11

When complying with Superior Court Civil Rule 5(g), parties must file a public-inspection copy that omits confidential discovery material when the producing party reasonably and in good faith believes public disclosure would cause harm that outweighs public access.

when complying with Rule 5(g), parties must file a copy of the Confidential Filing for public inspection that omits only such Confidential Discovery Material as to which the Producing Party reasonably and in good faith believes the public interest in access to Court ===== PAGE 12 ===== proceedings is outweighed by the harm public disclosure of such Discovery Material would cause because it contains sensitive, non-public information.

Page 11 | Paragraph 12

Materials filed under Paragraph 11 may be unsealed only as provided by Superior Court Civil Rule 5(g) or by further order of the court.

All materials filed pursuant to Paragraph 11 shall be unsealed by the Prothonotary only as provided in Superior Court Civil Rule 5(g), as applicable, or upon further order of this Court.

Page 12 | Paragraph 13

If the motion seeking continued confidential treatment is not timely filed, the confidential filing becomes part of the public record and is accessible on the docket system.

If a motion seeking continued Confidential Treatment is not timely filed, then the Confidential Filing shall become part of the public record, the Prothonotary shall permit access to the Confidential Filing on the docket system to the same extent as any other public filing.

Page 13 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information

A person challenging confidential treatment has seven days to file an opposition.

The person challenging Confidential Treatment shall have seven (7) days to file an opposition.

Page 13 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information

A producing party seeking to continue restricted public access to a confidential filing must file a motion with the court within the seven-day period specified by Superior Court Rule 5(g)(4).

To the extent that the Producing Party seeks to continue the restruction on public access to the Confidential Filing, or any portion thereof, to which a public version is available, the Producing Party shall file a motion with the Court within the seven-day period mandated by Superior Court Rule 5(g)(4) for judicial determination as to whether good cause exists for continued restricted access to the Confidential Filing, or any portion thereof.

Page 13 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information

If an opposition to the motion is not timely filed, the challenge is withdrawn and the filing continues to receive confidential treatment.

If an opposition to the motion is not timely filed, then the challenge shall be deemed withdrawn and the Confidential Filing shall continue to receive Confidential Treatment.

Page 13 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information

A court filing that communicates Confidential or Highly Confidential Discovery Material must be submitted confidentially and unavailable for public access under Superior Court Civil Rule 5(g), with a footer on every page.

Any pleading, brief, memorandum, motion, letter, affidavit, exhibit or other document filed with the Court that discloses, summarizes, describes, characterizes, includes or attaches or otherwise communicates Confidential or Highly Confidential Discovery Material (a “Confidential Filing”) must be filed confidentially and not available for public access (“Confidential Treatment”) in accordance with the provisions of Superior Court Civil Rule 5(g), which may be accomplished by submitting documents, every page of which shall have a footer stating:

Page 12

The Prothonotary may unseal materials governed by Paragraph 12 only under Rule 5(g) or a further court order.

All materials filed pursuant to Paragraph 12 shall be unsealed by the Prothonotary only as provided in Superior Court Civil Rule 5(g), as applicable, or upon further order of this Court.

Page 14 | 14

A party must file a public version that redacts only sensitive, non-public Confidential or Highly Confidential Discovery Material that the producing party reasonably and in good faith believes should be withheld.

Nevertheless, when complying with Rule 5(g), parties must file a copy of the Confidential Filing for public inspection that omits only such Confidential or Highly Confidential Discovery Material as to which the Producing Party reasonably and in good faith believes the public interest in access to Court proceedings is outweighed by the harm public disclosure of such Discovery Material would cause because it contains sensitive, non-public information.

Page 14 | 13

A producing party seeking continued confidential treatment for a public version of a confidential filing must file a motion with the court within the seven-day period mandated by Superior Court Civil Rule 5.

To the extent that the Producing Party seeks to continue the restriction on public access to the Confidential Filing, or any portion thereof, to which a public version is available, the Producing Party shall file a motion with the Court within the seven-day period mandated by Superior Court Civil Rule 5.

Page 15 | Confidential and Highly Confidential Designations

If the challenging party does not timely oppose the motion, the challenge is withdrawn and the confidential filing remains subject to confidential treatment.

If an opposition to the motion is not timely filed, then the challenge shall be deemed withdrawn and the Confidential Filing shall continue to receive Confidential Treatment.

Page 16 | Confidential and Highly Confidential Designations

If the producing party does not timely file a motion seeking continued confidential treatment, the confidential filing becomes part of the public record and is accessible like any other public filing.

If a motion seeking continued Confidential Treatment is not timely filed, then the Confidential Filing shall become part of the public record, and the Prothonotary shall permit access to the Confidential Filing on the docket system to the same extent as any other public filing.

Page 16 | Confidential and Highly Confidential Designations

Confidential or highly confidential discovery material used in open court or lodged as a trial exhibit loses its confidential status and becomes public unless the producing party obtains a court order maintaining its confidentiality.

In the event that any Confidential or Highly Discovery Material is used in open court during any court proceeding or lodged as a trial exhibit, the material shall lose its confidential status and become part of the public record, unless the Producing Party applies for and obtains an order from this Court specifically maintaining the confidential status of particular material.

Page 21 | 6. Disclosure of Highly Confidential Discovery Material

Public versions of exhibits, affidavits, declarations, and other attachments ordinarily are not required, unless Rule 5(g), a court order, or the Prothonotary requires one.

For avoidance of doubt, the Parties have no obligation to file public versions of any exhibits, affidavits, declarations or other attachments filed as part of a Confidential Filing, except as required by Superior Court Civil Rule 5(g) or if otherwise ordered by the Court or required by the Prothonotary.

Page 14 | 13

While a motion to vacate a confidentiality designation is pending, the material remains treated as confidential or highly confidential discovery material.

While such a motion is pending, the Discovery Material in question shall be treated as Confidential or Highly Confidential Discovery Material pursuant to this Stipulation.

Page 16 | Inadvertent Failure to Designate

A party may move on reasonable notice to vacate a confidential or highly confidential designation only after making a good-faith effort to resolve the objection.

any Party objecting to the designation of any Discovery Material as Confidential or Highly Confidential Discovery Material may, after making a good faith effort to resolve any such objection, move on reasonable notice for an order vacating the designation.

Page 16 | Inadvertent Failure to Designate

Public versions of exhibits, affidavits, declarations, and other attachments filed with a confidential filing are not required unless Rule 5(g), a court order, or the Prothonotary requires them.

For avoidance of doubt, the Parties have no obligation to file public versions of any exhibits, affidavits, declarations or other attachments filed as part of a Confidential Filing, except as required by Superior Court Civil Rule 5(g) or if otherwise ordered by the Court or required by the Prothonotary.

Page 12 | Paragraph 12

A case referred to a special discovery master may use a modified discovery-motion practice protocol.

If the case is referred to a special discovery master, then a modified protocol for discovery motion practice may be entered.

Page 6 | VI. MOTIONS PRACTICE — B. DISCOVERY AND OTHER MOTIONS

Before filing a dispositive motion, counsel must obtain possible hearing dates and times from Judge Wallace’s Administrative Specialist, agree on a proposed date and time, and notice the motion accordingly.

Counsel must obtain possible dates and times for hearing of such motions from Judge Wallace’s Administrative Specialist before filing of such motion. The parties shall agree upon a proposed date and time and the motion noticed accordingly.

Page 6 | VII. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS — 1. Time of Hearing

Counsel must obtain possible hearing dates and times from the administrative specialist before filing a dispositive motion.

Counsel must obtain possible dates and times for hearing of such motions from Judge Wallace’s Administrative Specialist before filing of such motion.

Page 5 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

Before filing a dispositive motion, counsel must obtain possible hearing dates and times from Judge Wallace’s Administrative Specialist, agree on a proposed date and time, and notice the motion accordingly.

Counsel must obtain possible dates and times for hearing of such motions from Judge Wallace’s Administrative Specialist before filing of such motion. The parties shall agree upon a proposed date and time and the motion noticed accordingly.

Page 5 | VI. MOTIONS PRACTICE — A. DISPOSITIVE MOTIONS

The parties must actively engage in settlement discussions and determine whether the case can be resolved under Civil Rule 16.

The parties are required actively to engage in settlement discussions and determine whether the matter may be resolved in accordance with Civil Rule 16.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Settlement Negotiations

The parties must meet and confer in good faith before moving the court for modifications or additional safeguards.

The Parties agree to meet and confer in good faith prior to moving the Court for any modifications or additional safeguards.

Page 14 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information

A party challenging a confidential-discovery designation must make a good-faith effort to resolve the objection before moving on reasonable notice for an order vacating the designation.

During the pendency of this Litigation, any Party objecting to the designation of any Discovery Material as Confidential Discovery Material may, after ===== PAGE 14 ===== making a good faith effort to resolve any such objection, move on reasonable notice for an order vacating the designation.

Page 14 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information

Before moving the court to modify the stipulation or request additional safeguards for discovery material, the parties must meet and confer in good faith.

17. The Parties reserve the right to apply, pursuant to Superior Court Civil rule 5(g)(3), upon short notice, for an order seeking additional safeguards with respect to the use and handling of Discovery Material or to modify the terms of this Stipulation. The Parties agree to meet and confer in good faith prior to moving the Court for any modifications or additional safeguards.

Page 17 | Stipulation ¶ 17

If all counsel expect an early settlement, plaintiff’s counsel may request postponement of the scheduling conference.

After receiving a Scheduling Conference date and time, if all counsel believe that the case is likely to settle soon, Plaintiff's counsel, speaking for all parties, may write the Court requesting the Scheduling Conference's postponement.

Page 1 | Initial Stages – Initial Scheduling Conferences

Requests for relief should be made by motion rather than by letter or email.

The Court strongly discourages requests for relief submitted in the form of letters or emails. Such requests should be made by motion.

Page 4 | Routine Civil Motions

Plaintiff’s counsel must immediately notify chambers by email if the case settles.

In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Judge Wallace’s Administrative Specialist, Civil Case Manager, and Law Clerk

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Settlement Negotiations

Case-dispositive motion dates and times must be obtained from Judge Wallace’s chambers by calling 255-0660.

Case dispositive motions will be scheduled by obtaining a date and time from Judge Wallace’s Chambers which can be reached at 255-0660.

Page 5 | ADDITIONAL INFORMATION AND PROCEDURES — Case Dispositive Motions

Plaintiff’s counsel must immediately email chambers staff when mediation resolves or the case otherwise settles.

If mediation resolves the case or in the event the case settles, Plaintiff's counsel should notify chambers immediately by email to Judge Wallace's Administration Specialist, Civil Case Manager, and Law Clerk.

Page 1 | Initial Stages – Initial Scheduling Conferences

Counsel must obtain possible dispositive-motion oral-argument dates and times through the Administrative Specialist.

Counsel must obtain possible dates and times for oral argument through Judge Wallace's Administrative Specialist.

Page 1 | Motions & Briefing – Dispositive Motions

A date and time for a case-dispositive motion must be obtained from Judge Wallace’s chambers by calling 255-0660.

Case dispositive motions will be scheduled by obtaining a date and time from Judge Wallace’s Chambers which can be reached at 255-0660.

Page 4 | Case Dispositive Motions

If the case settles, Plaintiff’s counsel must immediately notify the identified chambers personnel by email.

In the event the case settles, Plaintiff’s Counsel shall notify chambers immediately by e-mail to Judge Wallace’s Administrative Specialist, Civil Case Manager, and Law Clerk, all of whom are identified at http://courts.delaware.gov/superior/judgespref/judges pref jwallace.aspx.

Page 4 | Settlement Negotiations

Counsel seeking courtroom technology support should call the Bailiffs’ Office several days before trial.

Counsel desiring a courtroom with specific technology support should contact the Bailiffs' Office (302) 655-0586 or (302) 255-0587 several days before the trial.

Page 1 | Trials & Courtroom Proceedings

Chambers or the prothonotary must be notified by phone before or promptly after a fax transmission.

* Please advise the Administrative Specialist or Civil Case Manager by phone or email that a FAX transmission has been or is about to be sent to chambers or the prothonotary.

Page 1 | Judicial Preferences

An attorney other than the pleading signatory who plans to attend the scheduling conference must call the Administrative Specialist at least one day beforehand.

If counsel other than a signatory of the complaint or the responsive pleading plans to attend, that counsel should notify chambers at least the day before the Scheduling Conference by phone to Judge Wallace's Administrative Specialist.

Page 1 | Initial Stages – Initial Scheduling Conferences