Coleman v. Ford Motor Company

Filing 15

ORDER approving as outlined 14 Discovery Plan. Length of Trial 5 days. Case Track: Complex. Affirmative defenses stricken as outlined. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 6/22/2012. Dispositive Motion Filing Deadline 12/22/2011. Mediation Follow Up on 5/31/2012.(dae)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Richard Coleman v. Civil No. 11-cv-00359-JL Ford Motor Company ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE The Preliminary Pretrial Conference was held on September 19, 2011. The plaintiff asserts six claims: defective design, defective manufacture, and failure to warn in both negligence and strict liability. The Discovery Plan (document no. 14) is approved as submitted, with the following changes: • Close of discovery - June 15, 2012 • Close of expert discovery - supplementation deadline - June 15, 2012 Plaintiff’s expert disclosure - February 23, 2012 Defendant’s expert disclosure - May 23, 2012 • Jury trial - November, 2012 Based on the discussions at the conference, the following are stricken without prejudice to being reinstated on request if warranted by the evidence: • the following affirmative defenses: jurisdiction (insufficient service of process and insufficient process), misuse, statute of limitations, untimely notice. Summary Judgment. The parties and counsel are advised that compliance with Rule 56(e) and Local Rule 7.2(b), regarding evidentiary support for factual assertions, and specification and delineation of material issues of disputed fact, will be required. Discovery disputes. Discovery disputes will be handled by the undersigned judge, as opposed to the Magistrate Judge, in the normal course. No motion to compel is necessary. The party or counsel seeking discovery-related relief should confer with adverse counsel to choose mutually available dates, and then contact the Deputy Clerk to schedule a conference call with the court. The court will inform counsel and parties what written materials, if any, should be submitted in advance of the conference call. Customary motions to compel discovery, while disfavored by the undersigned judge, are nonetheless permissible. If counsel prefer traditional discovery litigation to the conference call 2 procedure set forth above, any such motion to compel should expressly request, in the title of the motion, a referral to the United States Magistrate Judge. normally be granted. Such referral requests will If the Magistrate Judge is recused, alternate arrangements will be made. SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: cc: September 20, 2011 Richard Coleman, pro se James M. Campbell, Esq. Trevor J. Keenan, Esq. 3