Harbinson v. Progressive Direct Insurance Company

Filing 12

ORDER approving 5 Discovery Plan (with changes). Length of Trial 3-4 days. Case Track: standard. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 10/1/2010. (cmp)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Christine Harbison v. Progressive Direct Insurance Company Civil No. 10-cv-00066-JL

ORDER AFTER PRELIMINARY PRETRIAL CONFERENCE

The Preliminary Pretrial Conference was held in chambers on May 12, 2010. The Discovery Plan (document no. 5) is approved as submitted, with the following changes: · Close of discovery - September 30, 2010 · Summary judgment motions - October 1, 2010 · Jury trial - February 2011 Based on the discussions between the court and counsel at the conference, Counts 2 and 4 are stricken without prejudice to being reinstated on request if warranted by the evidence. case will proceed on Count 1.1 The

The motions to dismiss (documents no. 8 and 9) are therefore denied as moot.

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The motions for protective orders (documents no. 10 and 11) are denied without prejudice per the court's standing practice in discovery disputes as set forth infra. 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. Such referral requests will 2

normally be granted.

If the Magistrate Judge is recused,

alternate arrangements will be made.

SO ORDERED. ____________________________ Joseph N. Laplante United States District Judge Dated: cc: May 12, 2010

Nicholas S. Guerrera, Esq. Wilfred J. Desmarais, Jr., Esq.

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