CADIM Note Inc. v. Southern New Hampshire Hospitality, LLC et al

Filing 65

SCHEDULING ORDER and Order granting 58 Motion to Substitute Party. Signed by Judge Joseph N. Laplante. (cmp)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE DBD OTLP LLC v. Civil No. 11-cv-44-JL Southern New Hampshire Hospitality, LLC, et al. v. CWCapital LLC, et al. SCHEDULING ORDER As discussed with the parties during today’s preliminary pretrial conference, the motion to substitute AFP 105 Corp. as plaintiff in the place of DBD OTLP LLC (document no. 58) is GRANTED. AFP shall file an amended complaint within 30 days from the date of this order. Defendants shall file amended answers and counterclaims within 15 days after the amended complaint is filed.1 Counterclaim defendants shall file amended answers within 15 days after the amended counterclaims are filed. The parties shall confer and file a revised, joint discovery plan by July 29, 2011, consistent with the following framework: • • • • Close of discovery (fact and expert): January 31, 2012 Summary judgment motions: February 1, 2012 Expert challenges: April 2, 2012 Trial: June 2012 1 This court expresses no opinion on whether defendants have a colorable basis for continuing to assert counterclaims against DBD, in light of DBD’s recent assignment of the underlying loan documents to AFP. 1 As discussed at today’s conference, receiver Crescent Hotels & Resorts, LLC shall forthwith provide to each party a copy of the hotel accounting and status report that was shared with the court at today’s conference, and shall provide copies of future such report(s) to the court and each party as they become available, consistent with this court’s order appointing Crescent as receiver (document no. 25). SO ORDERED. Joseph N. Laplante United States District Judge Dated: cc: July 11, 2011 John H. Perten, Esq. Peter S. Cowan, Esq. Armando E. Batastini, Esq. Brian D. Duffy, Esq. Gordon J. MacDonald, Esq. Peter B. McGlynn, Esq. Jason A. Manekas, Esq. Amato J. Bocchino, Jr., Esq. Michael J. Scott, Esq. 2