Herbst et al v. Attitash Bear Peak Resort

Filing 6

ORDER re 5 Discovery Plan. Not approved. Parties shall file a revised discovery plan by October 30, 2009. So Ordered by Judge Joseph N. Laplante. (cmp)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Edward Herbst, et al. v. Attitash Bear Peak Resort Civil No. 09-cv-00233-JL

ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE

The Preliminary Pretrial Conference was held in chambers on September 9, 2009. The Discovery Plan (document no. 5) is not approved as counsel anticipates possible delays in the plaintiff's expert inspection of the Alpine Slide. On or before October 30, 2009,

the parties shall file a revised joint discovery plan that includes the following features: · a DiBenedetto disclosure deadline; · a discovery completion date that precedes the summary judgment deadline; and · a trial date at least 120 days after the summary judgment deadline. 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

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. Such referral requests will

SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: September 9, 2009 cc: R. Peter Taylor, Esq. Thomas B.S. Quarles, Jr., Esq. 2