ZURICH AMERICAN INSURANCE COMPANY v. ELECTRICITY MAINE LLC et al

Filing 38

ORDER granting #37 Motion to Amend Scheduling Order. Motions for Summary Judgment due by 12/8/2017. Responses due by 1/5/2018. Replies due by 1/15/2018. Counsel are instructed to read and follow this entire order. By JUDGE NANCY TORRESEN. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ZURICH AMERICAN INS. CO.,
Plaintiff and Counterclaim
Defendant
v.
ELECTRICITY MAINE LLC, et al.,
Defendant and Counterclaimant.

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Docket No. 2:17-cv-165-NT

ORDER
The parties have agreed that they have satisfied the general requirements of Rule
26(f) and that no discovery is needed. The parties request that the case be moved to the
“administrative track,” with no discovery permitted without leave of court. I GRANT the
request and ask that the Clerk of Court place this case on the Administrative track.
The parties anticipate filing summary judgment motions, a stipulated statement of
material facts and a stipulated record. The parties have jointly proposed, and I APPROVE
and ORDER, the following schedule for briefing any motions for summary judgment:
Deadline for filing motions for summary judgment—December 8, 2017;
Deadline for responses to summary judgment motions—January 5, 2018;
Deadline for replies to summary judgment motions—January 15, 2018.
Estimated Memorandum Length: The motions for summary judgment shall not exceed
20 pages.
Estimated Factual Statement Length: The parties estimate the statement of fact
consist of 10 statements of fact.

Estimated Record: The Defendant anticipates that the record will be approximately 175
pages.
The parties anticipate stipulation of all the facts and the record documents. In the
event that the parties are unable to stipulate to all the facts, I ORDER as follows:
1. Filing of the Record: The parties shall confer to determine the summary
judgment record. The record shall consist of the universe of documents that any
party may cite to in their motions or statements of fact. The record shall be filed on
ECF in advance of the filing of any motion, response or statement of fact and the
parties shall make the appropriate citations to the record (see paragraph 2 outlining
citations to the record). The ECF event “Local Rule 56(h) Record” can be found in
the “other documents” category of the “civil events” listing on ECF.
If during the motion practice any party determines that they need to supplement
the record, they may file a supplemental record, but shall not duplicate any record
material already on the docket. Any supplemental record shall be filed on ECF in
advance of the filing of any pleading so that the appropriate citations to the record
can be made.
2. Citations to the Record: Filing the record in ECF in advance of the filing of any
pleadings will generate ECF document numbers and page ID numbers. When
citing documents from the record in statement of material facts, counsel should
contain citations to the record with the appropriate ECF document and page ID
numbers.
Example: (Smith Affidavit, ¶1; Doc. 52-28, #566)
3. Cooperation of Counsel on Factual Statement: By the conclusion of the
briefing, it is the court’s preference to have one document that contains the full text
of all the facts, admissions, denials, qualifications, and requests to strike produced
by all parties. The court expects the parties to work collaboratively in this endeavor.
1. All admissions, denials, qualifications, and requests to strike shall appear
under the text of the proposed fact to which they refer.
2. A request to strike shall be preceded by an admission, denial, or qualification,
in case the request to strike is denied.
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3. All responses to requests to strike shall appear under the text of the request
to strike to which they refer.
4. The parties’ various statements of material facts should utilize a single,
continuous sequence of paragraph numbers.
5. In accordance with Local Rule 56(d), the Defendant’s reply statement of
material fact should address only the Plaintiff’s additional facts and requests
to strike.

The following sequence should take place when compiling the factual statements:


First, the Defendant shall file a “Defendant’s Supporting Statement of
Material Facts,” pursuant to Local Rule 56(b). This includes a numbered list
of facts the Defendant contends are supported by the record and undisputed.
 The PDF version should be filed on ECF using the
“Statement of Fact” event, which can be found in the “other
documents” category of the “civil events” listing on ECF.
 The Defendant shall email the Plaintiff a Word version of
this PDF document.



Second, the Plaintiff shall file a “Plaintiff’s Opposing Statement of Material
Facts,” pursuant to Local Rules 56(c) and Local Rule 56(e). This document
shall reproduce the text of the facts proposed by the Defendant. The Plaintiff
shall add appropriate admissions, denials, and qualifications, and, if
necessary, requests to strike under each fact. Second, the Plaintiff may add a
list of additional facts that the Plaintiff contends are supported by the record,
keeping with the same paragraph sequence numbering (i.e. if the Defendant’s
Statement of Material Fact ended at paragraph number 50, the Plaintiff shall
start with paragraph number 51 for their Statement of Additional Facts).
 The PDF version should be filed on ECF using the “Response
to Statement of Fact with Additional Facts” event, which can
be found in the “responses and replies” category of the “civil
events” listing on ECF.
 The Plaintiff shall email the Defendant a Word version of
this PDF document.
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

Third, the Defendant shall file a “Defendant’s Reply Statement of Material
Facts,” pursuant to Local Rules 56(d) and 56(e). This document shall
reproduce the text of the facts proposed by the Defendant and the Plaintiff’s
corresponding admissions, denials, qualifications, and requests to strike, as
well as the text of the Plaintiff’s additional facts. The Defendant must add
appropriate admissions, denials, qualifications, and, if necessary, requests to
strike under each of the Plaintiff’s additional facts. In addition, the Defendant
may respond to any of the Plaintiff’s requests to strike.
 The PDF version should be filed on ECF using the “Reply to
Additional Statement of Fact” event, which can be found in
the “responses and replies” category of the “civil events”
listing on ECF.
 The Defendant shall email the Plaintiff a Word version of
this PDF document.



Fourth, the Plaintiff may file a “Plaintiff’s Response to Defendant’s Requests
to Strike,” pursuant to Local Rule 56(e). This document shall reproduce the
text of the Defendant’s facts, the Plaintiff’s additional facts, all admissions,
denials, and qualifications, all requests to strike, and the Defendants’
responses to Plaintiff’s requests to strike. The Plaintiff may add only
appropriate responses under each of the Defendant’s request to strike. This
document should be a complete account of the parties’ factual statements.
 The PDF version should be filed on ECF using the “Response
to Request to Strike Per LR 56(e)” event, which can be found
in the “responses and replies” category of the “civil events”
listing on ECF.
 This fourth step only takes places in the event the Defendant
has made requests to strike the Plaintiff’s Additional Facts.
If no requests to strike the Plaintiff’s Additional Facts is
made, the briefing is complete at the third step.

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CONCLUSION
Subject to the above conditions, I GRANT the Joint Motion to Amend Scheduling
Order.
SO ORDERED.
/s/ Nancy Torresen_______________
United States Chief District Judge
Dated this 21st day of November, 2017.

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