Pelletier et al v. JP Morgan Chase Bank et al
Filing
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ORDER approving 10 Discovery Plan (with changes). Length of Trial 1-2 days. Case Track: Standard. Signed by Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 10/3/2011. Amendment to pleadings due by September 2, 2011. (cmp)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Julie C. Pelletier, et al.
v.
Civil No. 11-cv-00252-JL
JP Morgan Chase Bank, et al.
ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
August 23, 2011 at 3:00 p.m.
The Discovery Plan (document no. 10) is approved as
submitted, with the following changes:
• By agreement of counsel, no expert witnesses or joinder
of additional parties will be permitted in this case.
• Amendment to pleadings - September 2, 2011
• Deadline for motions to dismiss - October 3, 2011
• Bench trial - August, 2012
Based on the discussions between the court and counsel at
the conference, the following are stricken without prejudice to
being reinstated on request if warranted by the evidence:
• the following affirmative defenses:
statute of
limitations, waiver, estoppel, laches, and unclean hands.
The plaintiffs plan to file an amended complaint.
If they
do not, the defendant will amend ¶¶ 24, 26, 28, 30, 33, 34 and 37
of its Answer to clearly indicate its position with respect to
the corresponding allegations.
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
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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:
cc:
August 25, 2011
John L. McGowan, Esq.
Keriann Roman, Esq.
Joseph Patrick Kennedy, Esq.
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