Riley v. Alford et al

Filing 44

///REPORT OF HEARING AND ORDER: 30 Motion for Summary Judgment: DISMISSED without prejudice. Defendants to re-file their summary judgment motion by February 23, 2012. Case has been removed from the April 2012 trial list. So Ordered by Magistrate Judge John H. Rich III.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

DANIEL JOHN RILEY,
Plaintiff
v.
JAMES ALLANDYDY, et al.,
Defendants

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No. 1:10-cv-218-GZS

REPORT OF HEARING AND ORDER
RE: STATUS

Held in Portland, Maine, by telephone on February 3, 2012, at 1:00 p.m.
Presiding:

John H. Rich III, United States Magistrate Judge

Appearances:

For the Plaintiff: Sven Wiberg, Esq.
For the Defendants: Seth Aframe, Esq.
David Plourde, Esq.

The telephone conference was held in response to a January 23, 2012, email to the court from
Attorney Wiberg reporting that the parties had no further discovery disputes requiring court
intervention but requesting, without objection, an additional 30-day extension in the parties’ January
24, 2012, discovery deadline in view of (i) technical difficulties in the government’s production of a
videotape and (ii) Attorney Wiberg’s need to afford his client an opportunity to review and comment
on recently produced discovery, including the videotape.

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Treating Attorney Wiberg’s request as an oral motion to extend the discovery deadline, and
relying on his representation that he anticipates no further discovery disputes in this case, I
GRANTED it without objection, extending the discovery deadline to February 23, 2012. In addition,
without objection, and as contemplated by my January 11, 2012, report of hearing and order, see
Docket No. 43, I DISMISSED without prejudice the defendants’ pending motion for summary
judgment, see Docket No. 30, and SET deadlines of February 24, 2012, the day after the close of
discovery, for the defendants to re-file their summary judgment motion; March 16, 2012, for the
plaintiff to respond; and March 30, 2012, for the defendants to file any reply. I further ORDERED
this case removed from the April 2012 trial list. If the defendants’ summary judgment motion is not
fully dispositive of the case, I will convene a teleconference with counsel shortly after the
adjudication of that motion to discuss the setting of deadlines for expert discovery and the resetting
of a trial date.
SO ORDERED.

CERTIFICATE AND NOTICE
A.

This report fairly reflects the actions taken at the hearing and shall be filed
forthwith.

B.

In accordance with Fed. R. Civ. P. 72(a), a party may serve and file an
objection to this order within fourteen (14) days after being served with a
copy thereof. Failure to file a timely objection shall constitute a waiver of the
right to review by the district court and to any further appeal of this order.

Dated this 5th day of February, 2012.
/s/ John H. Rich III
John H. Rich III
United States Magistrate Judge

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