NELSON v. FORMED FIBER TECHNOLOGIES INC

Filing 25

ORDER IN LIEU OF CONFERENCE By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
STEVE NELSON, et al.,
Plaintiffs,
v.
FORMED FIBER TECHNOLOGIES,
INC.,

Defendant.

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) Docket no. 2:10-cv-473-GZS
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ORDER IN LIEU OF CONFERENCE

Having reviewed the pre-filing conference memoranda (Docket #s 21 & 22), the Court
has determined that a conference in this case in unnecessary.
On or before November 9, 2011, Defendant Formed Fiber Technologies, Inc. shall file
the motion for summary judgment outlined in the October 4, 2011 Pre-Filing Conference
Memorandum. The briefing shall comply with the time and page limits set forth in Local Rule 7.
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 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.
To the extent that Plaintiff opposes Defendant’s attempt to move for summary judgment
at this time, Plaintiff is free to invoke the procedures of Federal Rule of Civil Procedure 56(d) in
response to Defendant’s summary judgment motion.
The Court notes that the Scheduling Order for this matter was issued on September 22,
2011 and was stayed automatically by the Court’s September 27, 2011 Procedural Order. The
Court hereby lifts that stay finding that the mere filing of the proposed motion for summary
judgment should not necessarily stay all discovery in this matter. The parties may file objections
to the Scheduling Order on or before October 24, 2011. Absent an objection by that deadline,
the September 22, 2011 Scheduling Order shall constitute the Court’s Scheduling Order under
Federal Rule of Civil Procedure 16(b). By this Order, the Court hereby extends the October 6,
2011 deadline for the Rule 26(f) conference of the parties to October 31, 2011. Likewise, the
October 20, 2011 deadline for initial disclosures pursuant to Federal Rule of Civil Procedure
26(a)(1) is hereby extended to November 14, 2011. All other deadlines remain as stated in the
September 22, 2011 Scheduling Order absent a timely objection.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 17th day of October, 2011.

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