Transfer My Timeshare, LLC et al v. Selway et al

Filing 36

///ORDER approving 35 Discovery Plan. Length of Trial 5 days. Case Track: Expedited. Both parties waive jury trial. Reliable Timeshare Closing Services is dismissed from the case by agreement. Affirmative defenses stricken without prejudice as outlined. Defendant to Amend Answer as ordered. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 1/28/2009. Dispositive Motion Filing Deadline 1/28/2009. (dae)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Transfer My Timeshare, et al. v. Laura Selway, et al. Civil No. 08-cv-00118-JL

ORDER

The Preliminary Pretrial Conference was held in chambers on October 28, 2008. Both parties waived jury trial. Reliable Timeshare Closing Services is not a legal entity, and is dismissed from the case by agreement of the parties. The Discovery Plan (document no. 35) is approved as submitted. Based on the discussions between the court and counsel at the conference, the following are stricken without prejudice to being reinstated on request if warranted by the evidence: · plaintiff's claims: none

· affirmative defenses: third (unclean hands), fifth (res judicata and collateral estoppel), sixth (waiver) and seventh (fraud and deceit).

The defendant will amend ¶¶ 27, 32, 35 and 48 of her Answer to more clearly indicate her positions and in light of the confusion created by the re-filing of document #13 as document #14, will review her entire answer to ensure its accuracy.

SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: cc: October 29, 2008

Edwinna C. Vanderzanden, Esq. Jon Nathan Strasburger, Esq.

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