United States District Court, D. Delaware
Wilmington this 24th day of January, 2017, having
reviewed various pending motions and the papers filed in
connection therewith, and having heard argument on the same;
ORDERED that plaintiffs' motion for entry of a scheduling
order and protective order (D.I. 496) is granted in part and
denied in part,  as follows:
court has lifted the stay in the above captioned litigation
("the Civil Action"). The question is how to
proceed in light of the parallel proceedings in United
States v. Wilmington Trust Corporation, David Gibson, Robert
V.A. Harra, William North, and Kevyn Rakowski, Crim. No.
15-23-RGA (D. Del.) ("the Criminal Action, " with
the named defendants being designated as "the individual
defendants"). The court is mindful that: (a) the Civil and
Criminal Actions overlap, although the Civil Action is
broader in scope; (b) plaintiffs have an interest in
protecting the rights of the class, and resolution of the
Civil Action has been delayed at least in part because of the
stay; (c) the parallel proceedings impose a burden on the
individual defendants, both in terms of resources and
strategy; (d) the court's interest is directed
to resolving disputes promptly, efficiently, and fairly; and
(e) the public's interest is promoted by bringing to
resolution this complex civil litigation, while balancing the
interest the public has in the integrity of the criminal
Balancing all of these interests, the court concludes that
both the schedule and the protective order proposed by
plaintiffs require some modification. The court will modify
the schedule to complete fact and expert discovery in the
Civil Action prior to trial in the Criminal Action; the
summary judgment exercise and trial in the Civil Action will
commence at the conclusion of trial in the Criminal Action.
With respect to the protective order, all deposition
testimony and written discovery responses in the Civil Action
shall be promptly disclosed or made available to the United
States Attorney's Office for the District of Delaware
("the USAO"), and can only be used "to impeach
witnesses that may testify in the Criminal Action in
accordance with the Federal Rules of Evidence." (D.I.
498, ex. B at 2) The protective order shall be modified to
better balance the Fifth Amendment concerns of the individual
defendants with the goal of encouraging meaningful discovery
in the Civil Action, that is, the deposition testimony and
written discovery responses related to the individual
defendants shall not be disclosed to the USAO until the close
of the government's case-in-chief in the Criminal Action.
THEREFORE, IT IS FURTHER ORDERED that:
fact discovery shall be completed on or before June
expert discovery shall be completed on or before
September 1, 2017.
summary judgment motions and opening briefs shall be filed on
January 31, 2018.
pretrial conference shall be conducted on May 23,
2018 at 3:00 p.m.
Trial shall commence on June 18, 2018.
FURTHER ORDERED that the proposed supplemental protective
order (D.I. 498, ex. B) shall be modified to provide that the
deposition testimony and written discovery responses of the
individual defendants shall not be disclosed
or otherwise made available to the USAO until the close of
its case-in-chief in the Criminal Action.
 Based on the following analysis, the
remaining motions for a protective order and a scheduling
order (D.I. 497, 499, and ...