BEARCE v. CITY OF WATERVILLE

Filing 18

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

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JEFFREY C. BEARCE,
Plaintiff,
v.
CITY OF WATERVILLE,

Defendant.

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) Docket no. 1:13-cv-001-GZS
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ORDER & REPORT OF CONFERENCE

In accordance with the prior Order (ECF No. 15), the Court held a conference of counsel
on December 12, 2013 to discuss Defendant’s Notice of Intent to File Summary Judgment (ECF
No. 14). Attorney Kevin Haskins appeared for Plaintiff. Attorneys Rosie Williams and Edward
Benjamin appeared for Defendant. Following the conference, the Court hereby ORDERS that
the following procedure be followed in connection with the to-be-filed motions:
On or before January 8, 2014, the parties shall file a joint stipulated record using the
“Stipulated Record” event in CM/ECF. The first page of the Stipulated Record shall consist of a
list describing each exhibit submitted. Each exhibit shall then be clearly labeled and separately
attached to this filing.

The Stipulated Record may include any exhibits and depositions1

(including any exhibits to the depositions) that all sides agree will be referenced in the statements
of material fact. The inclusion of any exhibit in the Stipulated Record does not prevent any party
from later objecting to the admissibility of the document. Likewise, the submission of a joint

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To the extent any depositions are filed, counsel shall endeavor to ensure that any deposition excerpt is complete
and includes all relevant pages. In the absence of an agreement on what constitutes a complete deposition excerpt,
counsel shall include the complete deposition in the joint record.

record does not prevent either side from submitting additional documents with their respective
statements of material fact.
The Court encourages the parties to file stipulations of fact that could serve to further
streamline the parties’ statements of material fact. The Court 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 motions. See D. Me. Local Rule 56(g). Any stipulations will be considered
by the Court in ruling on the motion and need not be reiterated or referenced in the statements of
material fact. The parties are free to submit any stipulations on or before January 8, 2014.
On or before January 22, 2014, Defendant shall file its motion for summary judgment.
Defendant’s motion for summary judgment shall not exceed twenty (20) pages. See D. Me.
Local Rule 7(e).
By February 12, 2014, Plaintiff shall file his opposition to Defendant’s motion for
summary judgment. Defendant’s response shall not exceed twenty (20) pages. See id.
By February 26, 2014, Defendant shall file its reply in support of Defendant’s motion
for summary judgment, which shall not exceed seven (7) pages. See id.
The Court also expects the parties’ summary judgment filings will comply with all
aspects of Local Rule 56. Absent prior court approval, Defendant’s statement of material facts
shall not exceed one hundred (100) paragraphs. Any additional statement of material facts by
Plaintiff shall not exceed fifty (50) paragraphs. The parties are reminded that Local Rule 56(f)
requires specific record citations for all facts submitted in a statement of material facts. Absent a
specific citation, the Court has no duty to consider any part of the record submitted. To the
extent any party will rely on a page of the joint record for a specific citation, the Court

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encourages the parties to use the “PageID #” generated by CM/ECF, particularly if the
alternative pin citation may not be readily apparent to the Court.
With respect to the prior Scheduling Order deadlines (ECF Nos. 11, 9, 6), these deadlines
shall remain stayed pending further order of the Court. To the extent that any issues remain for
trial after the Court issues its final decision on the motions for summary judgment, the parties
shall propose a revised scheduling order that re-establishes any necessary deadlines within
fourteen (14) days of the filing of the Court’s final decision.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 12th day of December, 2013.

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