34 Franklin Street, LLC v. Grace Fellowship of Nashua, Inc.

Filing 16

ORDER approving as outlined 14 Discovery Plan. Length of Trial 3-5 days. Case Track: Standard. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 1/15/2010. Dispositive Motion Filing Deadline 8/4/2009. (dae)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE 34 Franklin Street, LLC v. Grace Fellowship of Nashua, Inc. Civil No. 08-cv-00478-JL

ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE

The Preliminary Pretrial Conference was held in chambers on May 4, 2009. The Discovery Plan (document no. 14) is approved as submitted, with the following changes: · Completion of discovery: · Summary Judgment Motions: December 1, 2009 January 15, 2010 June 1,

· DiBennedetto "empty chair defense" disclosure: 2009. · Joinder of Additional Parties: June 15, 2009

Based on the discussions between the court and counsel at the conference, the following affirmative defenses are stricken without prejudice to being reinstated on request if warranted by

the evidence:

Counterclaim Answer (document no. 11) ¶ 207

(estoppel); ¶208 (waiver). On or before November 15, 2009, the plaintiff shall notify the defendant which, if any, of its five claims it will not press at trial (while reserving judgment, of course, Counts 3 and 5, in particular, drew the court's interest as potentially lacking merit).

SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: cc: May 4, 2009

Alexander G. Rheaume, Esq. Dennis E. McKenna, Esq. John F. Bisson, Esq.

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