Palermo v. Rockingham County Department of Corrections, Superintendent et al

Filing 17

ORDER approving 16 Discovery Plan. Length of Trial 2-3 days. Case Track: Standard. So Ordered by Magistrate Judge James R. Muirhead. Ready for Trial on 11/3/2009. Summary Judgment Motions due by 8/1/2009. Dispositive Motion Filing Deadline 4/15/2009. (kad)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ************************ * * Christopher M . Palermo , * * Plaintiff * * Civil Action APRJBZteV479=optetl as a retr al V.

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Kocxmgnam county uepartment ot Corrections, Al Wright & Kent Threlfail * * Defendants . * ************************ * DEFENDANT'S PROPOSED DISCOVERY PLAN PURSUANT TO Fed.R.Civ.P . 26(f l DATE/PLACE OF CONFERENCE : Pursuant to Fed . R . Civ . P . 26(a)(1)(E), defendant's counsel has not conferenced this matter with plaintiff. A copy of this proposed plan has been forwarded to the plaintiff .

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COUNSEL PRESENT/REPRESENTING :
R a#plt R elder, pro se plaintiff Brian J.S . Cullen for Rockingham County Department of Corrections, Al Wright and Kent Threlfail CASE SUMMARY THEORY OF LIABILITY : Plaintiff alleges that the Rockingham County Department of Corrections violated his First Amendment rights by : (a) refusing to provide a religious diet; (b) refusing to permit use of ritual items ; and (c) refusing to recognize the Wicca religion . He also alleges that the defendants denied him access to the courts by failing to maintain an adequate law library . THEORY OF DEFENSE : Defendants deny all liability and assert that the plaintiff failed to exhaust administrative remedies prior to filing this suit . Defendants assert defenses of qualified immunity, discretionary function immunity, and other applicable immunities.

DAMAGES : Plaintiff seeks $50,000, per his civil action cover sheet . DEMAND : January 15, 2009 OFFER (if any) : February 28, 200 9 JURISDICTIONAL QUESTIONS : None. QUESTIONS OF LAW: Whether the plaintiff complied with the Prisoner Litigation Reform Act . Whether defendants were entitled to qualified, official or discretionary function immunity on all counts . Defendants reserve the right to supplement the questions of law as discovery proceeds . TYPE OF TRIAL : Jury . DISCOVERY TRACK ASSIGNMENT : Standard -12 month s

DISCOVERY NEEDED : Plaintiff will seek any and all information related to the plaintiff's claims and defenses asserted or to be asserted by the defendants . Defendants will seek all documents and other evidence of damages to the plaintiff and evidence of plaintiff's religious and medical history . Further discovery will be determined as plaintiff s claims are more fully described. Defendants will seek to depose the plaintiff.

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MANDATORY DISCLOSURES (Fed .R.Civ.P .26(a)(1) ) The parties will waive mandatory disclosures pursuant to Rule 26(a)(1)(E) . ELECTRONIC DISCOVERY The parties will comply with all electronic discovery rules . Inadvertent waiver is not to be construed as a general waiver of applicable privileges . COMPLETION OF DISCOVERY : Thirty (30) days prior to trial . INTERROGATORIES : A maximum of3- ~interrogatories by each party to any other party . Responses due 45 ; days after service unless otherwise agreed to pursuant to Fed .R .Civ .P . 29 . ISSUES RE : CLAIMS OF PRIVILEGE The parties agree that should material protected by the attorney-client privilege and/or the work product doctrine be inadvertently produced during discovery, such material will not constitute a general waiver of privilege. REQUESTS FOR ADMISSION : A maximum of 25 requests for admission by each party to any other party. Responses due 30 days after se rv ice unless otherwise agreed to pursuant to Fed.R.Civ .P . 29 . DEPOSITIONS : A maximum of 5 depositions by plaintiff and 5 by defendants . Each deposition limited to maximum of 8 hours unless extended by agreement of the parties .

DATES OF DISCLOSURE OF EXPERTS AND EXPERTS' WRITTEN REPORTS AND SUPPLEMENTATION S Plaintiff: Defendant : July 1, 2009 September 1, 2009

CHALLENGES TO EXPERT TESTIMONY : Sixty (60) days before trial .

OTHERITEM S JOINDER OF ADDITIONAL PARTIES : Plaintiff: January 30, 2009 Defendants : March 1, 200 9 THIRD-PARTY ACTIONS : Plaintiff : January 30, 2009 Defendants : March 1, 200 9 AMENDMENT TO PLEADINGS : Plaintiff: January 30, 2009 Defendants : March 1, 200 9 DISPOSITIVE MOTIONS : To Dismiss : April 15, 200 9 For Summary Judgment : August 1, 2009 SETTLEMENT POSSIBILITIES : The parties are not presently in a position to evaluate settlement . JOINT STATEMENT RE : MEDIATION : The parties are not presently in a position to evaluation mediation or its benefit in this case, and therefore do not agree to conduct same . Should discovery suggest that mediation would be beneficial, parties will notify the court. TRIAL ESTIMATE: 2-3 day s TRIAL DATE : November, 2009 . PRELIMINARY PRETRIAL CONFERENCE : October, 2009

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OTHER MATTERS : N/A

Respectfully submitted ,

ROCKINGHAM COUNTY HOUSE OF CORRECTIONS, SUPERINTENDENT AL WRIGHT, AND REV . KENT THRELFAI L
By Their Attorneys , CULLEN COLLIMORE, PLLC

Date : 11/4/08 By :

/s/ Brian J.S. Cullen Brian J.S . Cullen, Bar# 11265 10 East Pearl Street Nashua, NH 03060 [phone] bcullen(&cul lencollimore . com

CERTIFICATION I hereby certify that a copy of the foregoing was forwarded via postage prepaid first class mail this 4"' day of November, 2008 to Christopher Palermo, #12437, NH State Prison for Men, 281 North State Street, PO Box 14, Concord, NH 03302-0014, pro se.

Isl Brian IS . Cullen Brian J .S . Cullen

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