Safeco Insurance Company of America v. EMC Mortgage LLC et al

Filing 20

ORDER approving 18 Discovery Plan. Length of Trial 1 Day. Case Track: Standard. So Ordered by Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 12/1/2011.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Safeco Insurance Company
of America
v.

Civil No. 11-cv-00226-JL

EMC Mortgage Corporation, et al.
ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
October 24, 2011.
The Discovery Plan (document no. 18) is approved as
submitted.
Based on the discussions between the court and
counsel/parties at the conference, the following are stricken
without prejudice to being reinstated on request if warranted by
the evidence:
• the following affirmative defenses:

second (statute of

limitations); third (series of “boilerplate” defenses; fifth
(unclean hands); and eighth (comparative negligence).
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.

SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Dated:

October 24, 2011

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cc:

James F. Ogorchock, Esq.
Courtney H.G. Herz, Esq.
Joseph Patrick Kennedy, Esq.
Mary Ellen Manganelli, Esq.

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