Clegg et al v. Fischer et al

Filing 42

ORDER granting 41 Motion for Hearing on Pending Motions; denying 33 Motion to Strike 31 Memorandum in Opposition to Motion for failure to comply with Rule 56 and LR 7.2(c); denying 35 Motion to Strike 30 Memorandum in Opposition to Motion for Summary Judgment; denying 38 Motion to Strike 37 Addendum, as filed untimely and without leave of court; denying 39 Motion to Strike 37 Addendum, as filed untimely and without leave of court. The Deputy Clerk will sc hedule a hearing re 26 Motion for Summary Judgment and 27 Motion for Summary Judgment during the week of May 10th. Leave is granted for summary judgment replies (April 23 deadline) and surreplies (April 30 deadline). If relief is desired from this schedule, counsel should call the Deputy Clerk to arrange for a conference call with the court to take place on or before April 21. So Ordered by Judge Joseph N. Laplante. (jb)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

David Clegg, et al. v. Gary Fischer, et al. ORDER Mistakenly believing that briefing on the motions had closed, the court has been actively considering the dispositive motions for several weeks. The court intended to hold a hearing Civil No. 08-cv-00300-JL

and rule on the motions in the second week of May, well in advance of trial, which the court does not intend to continue. The court inadvertently overlooked (despite the filed notices) that the parties did not intend to file replies until after the court ruled on the motions to strike. (It is the court's normal

practice to handle motions to strike in dispositive motion practice in the orders on the motions themselves; the court apologizes for this administrative mix-up, which is in no way counsel's fault.) The Deputy Clerk will schedule a hearing on all dispositive motions during the week of May 10. All pending motions to strike

are denied,1 although counsel are free to argue the underlying

1

Document nos. 33, 35, 38 and 39.

rationales for the motions at oral argument on the summary judgment motions. Leave is granted for summary judgment replies

(April 23 deadline; 10-page limit, limited to issues raised in objections) and surreplies (April 30 deadline; 7 page limit, limited to issues raised in replies). If the parties or counsel require or desire relief from this schedule, they should arrange a conference call with the court through the Deputy Clerk to take place on or before April 21.

SO ORDERED.

Joseph N. Laplante United States District Judge Dated: cc: April 15, 2010

Jeffrey R. Mazer, Esq. David F. Bander, Esq. Roger D. Turgeon, Esq. Daniel J. Mullen, Esq. R. Matthew Cairns, Esq.

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