YOUNG v. TOWN OF BAR HARBOR

Filing 51

ORDER FOLLOWING PRE-FILING CONFERENCE- Stipulated Record due by 1/20/2016; Motion for Summary Judgment due by 2/3/2016; responses due by 2/24/2016; reply due by 3/9/2016. By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NATHAN YOUNG,
Plaintiff,
v.
TOWN OF BAR HARBOR,

Defendant.

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Docket no. 1:14-cv-00146-GZS

ORDER FOLLOWING PRE-FILING CONFERENCE

The Court has reviewed Defendant’s Notice Of Intent To File Motion For Summary
Judgment And Request For Pre-Filing Conference (ECF No. 44) and the Pre-Conference
Memorandum received from Defendant (ECF No. 46). Based on this review and the pre-filing
conference held on December 21, 2015 with Attorneys Gregg R. Frame and Elizabeth Knox Peck,
the Court hereby ORDERS that the following procedure be followed in connection with the to-befiled motion:
On or before January 20, 2016, 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 both 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

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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.

objecting to the admissibility of the document. Likewise, the submission of a joint 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 the purposes of the to-be-filed
summary judgment motion. 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 20, 2016.
On or before February 3, 2016, Defendant shall file its outlined motion for summary
judgment. The motion for summary judgment shall not exceed twenty-five (25) pages.
On or before February 24, 2016, Plaintiff shall file its opposition to the pending motion for
summary judgment. This response shall not exceed twenty-five (25) pages.
On or before March 9, 2016, Defendant shall file its reply in support of Defendant’s motion
for summary judgment, which shall not exceed ten (10) pages.
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 and twenty (120) paragraphs. Any additional statement of material facts by
Plaintiff shall not exceed one hundred and twenty (120) 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. 27 & 42), it appears that
the only deadlines that may remain after the anticipated motion for summary judgment is the ready
for trial deadline and any trial-related motions deadlines. These deadlines shall remain stayed until
the Court issues its ruling on the motion for summary judgment. To the extent that issues remain
for trial after the motion for summary judgment is decided, the Court anticipates that this case will
be placed on the next available trial list following the Court’s summary judgment decision and that
pre-trial motions shall, to the extent practicable, be filed prior to any final pretrial conference.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 21st day of December, 2015.

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