Smith v. Countrywide Home Loans, Inc. et al

Filing 15

ORDER approving 9 Discovery Plan as outlined. Length of Trial 3 days. Case Track: Standard. Affirmative defenses stricken without prejudice as listed. Parties may jointly request a bench trial but as of now maintain their jury trial demands. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 10/15/2010. Dispositive Motion Filing Deadline 10/1/2010. Mediation Follow Up on 12/1/2010. (dae)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Eugenia Smith v. Countrywide Home Loans, Inc., et al. Civil No. 09-cv-00369-JL

ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE

The Preliminary Pretrial Conference was held in chambers on January 27, 2010. The Discovery Plan (document no. 9) is approved as submitted, with the following changes: · DiBennedetto disclosure deadline: July 15, 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: defendant's third (collateral estoppel/res

judicata) and fourth (statute of limitations/statutory preconditions). The parties may jointly request a bench trial, but as of now, maintain their jury trial demands.

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

If the Magistrate Judge is recused,

alternate arrangements will be made.

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SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: cc: January 27, 2010

Heather M. Burns, Esq. Lauren S. Irwin, Esq. William B. Pribis, Esq.

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