USA v. Filip et al
ORDER approving 30 Discovery Plan. ; terminating 31 Discovery Plan.. So Ordered by Magistrate Judge Landya B. McCafferty. Summary Judgment Motions due by 7/16/2012. Mediation Status Report Follow Up on 1/9/2012. (mxm)
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
United States of America
Civil No. 11-cv-283-PB
MDF Properties, LLC, et al.
On today=s date, a preliminary pretrial conference was held
telephonically in this case.
Attorney Nathan L. Strup appeared
for plaintiff, Attorneys Steven J. Dutton and Scott H. Harris
appeared for defendant MDF Properties, LLC, (“MDF”), and
Attorney Martha Van Oot appeared for defendant Southern New
Hampshire Bank and Trust Company, now known as Bank of New
Before the court are two proposed discovery plans: one is
proposed jointly by plaintiff and BNE (doc. no. 30) and the
other is proposed by MDF (doc. no. 31).
The plans are identical
except that MDF requests the court to order the parties to
attend mediation and schedule it for a date certain, while
plaintiff and BNE request that the court set a date by which the
parties are required to notify the court of the case’s
suitability for mediation.
In short, plaintiff believes it
needs discovery of key witnesses in the case before it can
commit to mediation.
Having heard the arguments
of counsel on this limited issue, the court concludes that
expedited discovery followed by a required status report is
Accordingly, the court approves document no. 30,
with the following modifications:
Trial is scheduled for the two-week period beginning
December 4, 2012.
Discovery shall be conducted in two phases, with the
second phase closing in accordance with the date selected by the
parties: November 6, 2012.
Phase 1 of discovery shall occur on an expedited basis
and shall include at minimum the depositions of the three to
four critical witnesses in this case, as described by Attorney
Strup during this telephone conference.
To that end, the
parties are ordered to confer within the next thirty days to
arrange for the scheduling of those depositions and any other
discovery that they agree is critical to the case and will
assist the parties in preparing for -- or determining whether -the case is suitable for mediation.
or before December 29, 2011.
Phase 1 shall conclude on
On or before January 9, 2012, each party shall file
with the court a status report addressing the case’s suitability
The court will make a decision about whether to
order mediation at this time.
Landya B. McCafferty
United States Magistrate Judge
August 29, 2011
Steven J. Dutton, Esq.
Scott H. Harris, Esq.
Nathan L. Strup, Esq.
Martha Van Oot, Esq.
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