Walker et al v. Segway, Inc.

Filing 9

ORDER approving as outlined 8 Discovery Plan. Length of Trial 4 - 5 days. Case Track: Complex. Affirmative defense #3-statute of limitations stricken. Caption amended to specify defendant's correct name: Segway, LLC. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 12/1/2010. Dispositive Motion Filing Deadline 1/4/2010. Mediation Follow Up on 8/16/2010. (dae)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Charles W. Walker, Jr., et al. v. Segway, LLC Civil No. 09-cv-00229-JL

ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE

The Preliminary Pretrial Conference was held in chambers on October 2, 2009. The Discovery Plan (document no. 8) is approved as submitted, with the following changes: · Plaintiffs' Expert Disclosure: · Defendant's Expert Disclosure: · Completion of Discovery: · Summary Judgment: July 1, 2010 September 1, 2010

November 15, 2010

December 1, 2010 December 15, 2010

· DiBennedetto Disclosure: · Trial: April, 2011

Based on the discussions between the court and counsel at the conference, the following affirmative defense is stricken without prejudice to being reinstated on request if warranted by the evidence: statute of limitations (#3).

The caption is amended as above to specify the defendant's correct name: Segway, LLC. The parties and counsel are advised that

Summary Judgment.

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

the undersigned judge, as opposed to the Magistrate Judge, in the normal course. No motion to compel 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 court 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. If counsel

prefer traditional discovery litigation to the conference call procedure set forth above, any such motion to compel should expressly request, in the title of the motion, a referral to the United States Magistrate Judge. normally be granted. 2 Such referral requests will

SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: cc: October 2, 2009

Andrew B. Livernois, Esq. Ralph Suozzo, Esq.

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