MMG Insurance Company v. Samsung Electronics America, Inc.
Filing
11
ORDER approving 4 Discovery Plan. Length of Trial 4 days. Case Track: Standard. Affirmative defenses stricken without prejudice as outlined. Defendant to amend para. 4 and 6 of its Answer. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 9/17/2012. Dispositive Motion Filing Deadline 12/16/2011.(dae)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
MMG Insurance Company
v.
Civil No. 11-cv-00430-JL
Samsung Electronics America, Inc.
ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
October 25, 2011.
The Discovery Plan (document no. 4) is approved as
submitted, with the following changes:
• Jury trial - February, 2013
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:
Fourteenth
(preemption) and Sixteenth (failure to join).
The defendant will amend ¶ 4 and 6 of its Answer to clearly
indicate its position with respect to the corresponding
allegations of the complaint.
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.
2
SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Dated:
cc:
October 25, 2011
Robert W. Upton, II, Esq.
Thomas DeMicco, Esq.
Christopher P. Flanagan, Esq.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?