PAK 2000, Inc. v. Sun Chemical Corporation
Filing
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ORDER approving (with changes) 10 Discovery Plan. Length of Trial 5 days. Case Track: Standard. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 8/1/2012. Dispositive Motion Filing Deadline 1/27/2012.(cmp)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
PAK 2000, Inc.
v.
Civil No. 11-cv-00435-JL
Sun Chemical Corporation
ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
October 31, 2011.
The Discovery Plan (document no. 10) is approved as
submitted, with the following changes:
• Close of discovery - May 17, 2012
• Summary judgment deadline - August 1, 2012
• 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 plaintiff’s claim for “common law unfair competition”
(Count III)
• the following affirmative defenses:
(insufficiently specific fraud pleading)
Tenth
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.
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SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Dated:
cc:
November 1, 2011
David Himelfarb, Esq.
Holly J. Kilibarda, Esq.
W. Scott O’Connell, Esq.
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