PORTLAND REGENCY INC et al v. RBS CITIZENS NA et al

Filing 111

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56 - By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PORTLAND REGENCY, INC.,

ET AL.,

PLAINTIFFS
V.

RBS CITIZENS, N.A.,

ET AL.,

DEFENDANTS

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CIVIL NO. 2:12-CV-408-DBH

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56
A Local Rule 56 pre-filing conference was held on September 15, 2014.
The plaintiffs’ amended complaint asserts two contract-based claims for
declaratory judgment (Counts I and II) and one tort-based claim for
negligent/intentional misrepresentation (Count III). The defendants will move
for summary judgment on all three counts.
The parties disagree on what law applies (New Hampshire, Maine or New
York) and the choice of law may be different on the contract and tort claims and
may even differ among the contractual documents. The parties agree on what
the applicable documents are, and will provide one set of documents for me to
use in deciding the motion. I notified the parties that they should use shorthand
terms (e.g., prepayment penalties) only if they agree to the meaning of the
shorthand. If the parties do not agree on the shorthand, then they should use
the contractual terms.

The following deadlines were established by agreement:
By October 17, 2014, the defendants will file the motion for
summary judgment.
By November 17, 2014, the plaintiffs will respond to the
motion for summary judgment.
By December 1, 2014, the defendants will file any reply.
SO ORDERED.
DATED THIS 16TH DAY OF SEPTEMBER, 2014
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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