CADIM Note Inc. v. Southern New Hampshire Hospitality, LLC et al

Filing 65

SCHEDULING ORDER and Order granting 58 Motion to Substitute Party. Signed by Judge Joseph N. Laplante. (cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
DBD OTLP LLC
v.

Civil No. 11-cv-44-JL

Southern New Hampshire
Hospitality, LLC, et al.
v.
CWCapital LLC, et al.
SCHEDULING ORDER
As discussed with the parties during today’s preliminary
pretrial conference, the motion to substitute AFP 105 Corp. as
plaintiff in the place of DBD OTLP LLC (document no. 58) is
GRANTED.

AFP shall file an amended complaint within 30 days from

the date of this order.

Defendants shall file amended answers

and counterclaims within 15 days after the amended complaint is
filed.1

Counterclaim defendants shall file amended answers

within 15 days after the amended counterclaims are filed.
The parties shall confer and file a revised, joint discovery
plan by July 29, 2011, consistent with the following framework:
•
•
•
•

Close of discovery (fact and expert): January 31, 2012
Summary judgment motions: February 1, 2012
Expert challenges: April 2, 2012
Trial: June 2012

1

This court expresses no opinion on whether defendants have
a colorable basis for continuing to assert counterclaims against
DBD, in light of DBD’s recent assignment of the underlying loan
documents to AFP.
1

As discussed at today’s conference, receiver Crescent Hotels
& Resorts, LLC shall forthwith provide to each party a copy of
the hotel accounting and status report that was shared with the
court at today’s conference, and shall provide copies of future
such report(s) to the court and each party as they become
available, consistent with this court’s order appointing Crescent
as receiver (document no. 25).
SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated:
cc:

July 11, 2011

John H. Perten, Esq.
Peter S. Cowan, Esq.
Armando E. Batastini, Esq.
Brian D. Duffy, Esq.
Gordon J. MacDonald, Esq.
Peter B. McGlynn, Esq.
Jason A. Manekas, Esq.
Amato J. Bocchino, Jr., Esq.
Michael J. Scott, Esq.

2