WORCESTER v. WHITNEY ORIGINALS INC

Filing 26

ORDER & REPORT OF CONFERENCE By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MORRILL R. WORCESTER,
Plaintiff,
v.
WHITNEY ORIGINALS, INC.,

Defendant.

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) Docket no. 1:10-cv-478-GZS
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ORDER & REPORT OF CONFERENCE

In accordance with the Procedural Order (Docket # 20), the Court held a conference of
counsel on October 17, 2011. Attorney Charles Gilbert appeared for Plaintiff. Attorney James
Haddow appeared telephonically for Defendant. Following the Conference the Court hereby
ORDERS that the following procedure be followed in connection with Defendant’s motion for
summary judgment:
On or before November 9, 2011, Defendant Whitney Originals, Inc. shall file their
motion for summary judgment. The briefing shall comply with the time and page limits set forth
in Local Rule 7. To the extent Defendant indicated that it intended to seek summary judgment
on multiple bases—some of which may not be dispositive of all claims—the Court encourages
Defendant to consider explicitly indicating any issues on which it might alternatively seek to
have the Court enter an order pursuant to Federal Rule of Civil Procedure 56(g).
The Court expects the parties’ filings will comply with all aspects of Local Rule 56. The
Court welcomes stipulations and reminds the parties that they are free to indicate that any such

stipulations are admissions solely for purposes of the to-be-filed summary judgment motion. See
D. Me. Local Rule 56(g).
In addition to any stipulations of fact, the Court urges the parties to consider submitting a
single stipulated record of exhibits and deposition excerpts that all sides agree will be referenced
in the statements of material facts. The submission of a stipulated record does not prevent either
side from submitting additional documents with their respective statement of material facts.
Any stipulations of fact or stipulated record shall be filed on or before November 4,
2011. Any stipulated record shall be filed as a single filing using the “Stipulated Record” event
in CM/ECF and clearly attaching and labeling each separate exhibit. Once the stipulated filing is
made, all statement of material fact filings shall endeavor to use the electronically generated
Page ID number (found in the top right hand corner) as the pin cite for the required record
citation.
Barring a grant of summary judgment or further order of the Court, this case shall be
ready for trial by March 5, 2012.

SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 17th day of October, 2011.

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