Lu v. Hulme et al

Filing 29

MOTION for Discovery Schedule by George Hulme, Trustees of Boston Public Library.(Driscoll, Caroline)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-11117-MLW

FRIEDRICH LU,
Plaintiff,
v.
GEORGE HULME, in his individual
capacity and in his official capacity,
TRUSTEES OF THE BOSTON PUBLIC
LIBRARY,
Defendants.

DEFENDANTS’ MOTION TO SET DISCOVERY SCHEDULE
Defendants George Hulme, in his individual capacity, and the Trustees of the Boston
Public Library (collectively, the “Defendants”), hereby move to respectfully request that this
Court set a discovery schedule for this matter as suggested below.
As grounds for this Motion, the Parties note that the Court issued its decision on
Defendants’ Motion to Dismiss on March 30, 2013. No discovery schedule has been issued to
date. Additionally, counsel for Defendants, Assistant Corporation Counsel Caroline Driscoll,
will begin a four-month medical leave on November 18, 2013 and expects to return to her office
on March 17, 2014. During Attorney Driscoll’s leave, Assistant Corporation Counsel David
Waterfall shall handle this litigation; however, as lead counsel, Attorney Driscoll is well versed
with the facts and issues in this litigation and would like to participate in some part of the
discovery process and potential filing of summary judgment motions.
Based upon the dates noted above, Defendants ask that this court set the following
deadlines for completion of discovery and filing of any motions for summary judgment:

1. Discovery: All discovery completed by May 1, 2014
a. Depositions: All depositions shall occur on or before the discovery deadline
above. A deposition that was started on or before the discovery cutoff day
may continue beyond the deadline, only if necessary for completion and
consistent with the Local Rules of this Court.
b. Other Discovery: All interrogatories, requests for admission, requests for
production, or the like, shall be served at least forty-five (45) days before the
discovery deadline.
c. Discovery Motions: Discovery motions shall be filed and served as soon as
possible and not later than thirty (30) days following the discovery deadline.
d. Expert Discovery: The discovery cutoff provisions outline above include
expert discovery.
2. Summary Judgment Motions: Any motions for summary judgment or partial
summary judgment must be filed by July 1, 2014.
3. Final Pretrial Conference: August 1, 2014 or as otherwise set by this Court.
4. Trial: The Parties respectfully request this Court set a trial date at its convenience.

WHEREFORE, the Defendants respectfully request that this Court grant the schedule set
forth above so this litigation may continue per a set schedule.

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Respectfully submitted,

DEFENDANTS GEORGE HULME, in his
individual capacity and in his official capacity
and TRUSTEES OF THE BOSTON PUBLIC
LIBRARY
William Sinnott
Corporation Counsel
By their attorneys:

Date: October 31, 2013

/s/Caroline O. Driscoll____________
Caroline O. Driscoll, BBO# 647916
David Waterfall, BBO#657549
Assistant Corporation Counsel
City of Boston Law Department
City Hall, Room 615
Boston, MA 02201
[phone] (COD)
[phone] (DW)

LOCAL RULE 7.1 CERTIFICATION
I certify that on October 29, 2013, I sent a copy of this motion via email to Plaintiff to
seek his assent to the proposed schedule set forth in this motion. On October 30, 2013, Plaintiff
responded via email that he would not assent to the motion.
I also certify that on October 31, 2013, I filed this document through the Court’s
CM/ECF system and that an electronic copy will be sent via email to those identified as nonregistered participants per agreement with Plaintiff.

/s/Caroline O. Driscoll
Caroline O. Driscoll

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