Encompass Indemnity Company v. Dell, Inc. et al

Filing 14

ORDER approving 13 Discovery Plan. Length of Trial 4-5 days. Case Track: Standard. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 4/7/2010. (cmp)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Encompass Indemnity Co. v. Dell, Inc., et al. Civil No. 09-cv-00067-JL ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE The Preliminary Pretrial Conference was held in chambers on June 22, 2009. The Discovery Plan (document no. 13) is approved as submitted, with the following changes: · "DiBenedetto" disclosure deadline - October 20, 2009 · Summary Judgment - April 7, 2010 · Trial - August, 2010 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: Dell's ¶ 70 and Sony's ¶ 92 (modification/ degradation) and Dell's ¶ 72 and Sony's ¶ 94 (negation of warranty on same basis). Summary Judgment. The parties and counsel are advised that compliance with Rule 56(e) and Local Rule 7.2(b), regarding evidentiary support for factual assertions, and specification and delineation of material issues of disputed fact, will be required. Discovery disputes. Discovery disputes will be handled by No motion to compel the undersigned judge in the normal course. is necessary. The party or counsel seeking discovery-related relief should confer with adverse counsel to choose mutually available dates, and then contact the Deputy Clerk to schedule a conference call with the court. The Deputy Clerk will inform counsel and parties what written materials, if any, should be submitted in advance of the conference call. Customary motions to compel discovery, while disfavored by the undersigned judge, are nonetheless permissible. Such motions should expressly request, in the title of the motion, a referral to the United States Magistrate Judge. will normally be granted. SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: June 22, 2009 cc: Sumner F. Kalman, Esq. Thea S. Valvanis, Esq. Ivy E. Rosier, Esq. Steven M. Gordon, Esq. 2 Such referral requests

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