Calef v. Citibank, N.A., Trustee, et al

Filing 16

ORDER granting 15 Motion to Extend Time to November 12, 2012 to file motion for summary judgment & November 15, 2012 to file motion to strike expert witness. Trial will be rescheduled for April 2013. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 11/12/2012.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
John M. Calef
v.

Civil No. 11-cv-526-JL

Citibank, N.A. et al.
SUMMARY ORDER
Before the court is defendants’ assented-to motion to extend
the deadlines to move for summary judgment and to strike
plaintiff’s expert witness.

Under the scheduling order, the

summary judgment deadline is September 27, 2012, and the deadline
for challenges to expert testimony is October 1, 2012.
Jan. 23, 2012.

Order of

Defendants request an extension because they have

"been actively working" to obtain the documents they need in
order to move for summary judgment from third parties to this
action, but have not yet been able to get those documents (though
they claim to be "hopeful that the documents will be provided in
the near future").
A scheduling order “may be modified only for good cause.”
Fed. R. Civ. P. 16(b)(4); see also Steir v. Girl Scouts of the
USA, 383 F.3d 7, 12 (1st Cir. 2004).

It is difficult to see why

any modification should be permitted here.

While the court

appreciates the defendants’ efforts to "actively work" with the
third parties to obtain the necessary documents, Federal Rule of

Civil Procedure 45 provides defendants with a surefire means to
compel those third parties to produce those documents in a timely
manner:

a subpoena.

employ that procedure.

Defendants offer no reason for failing to
In any event, while an inability to

obtain the necessary documents might conceivably justify an
extension to the summary judgment deadline, it is not evident to
the court how that justifies an extension of the deadline for
expert challenges.
Notwithstanding these doubts, the motion (document no. 15)
is GRANTED.

The deadline for summary judgment motion is extended

to November 12, 2012, the deadline for expert challenges is
extended to November 15, 2012, and trial will be rescheduled for
April 2013.

If defendants’ hopes that the documents are provided

“in the near future” are not realized, they may wish to avail
themselves of the subpoena procedure provided for in Rule 45.
SO ORDERED.

____________________________
Joseph N. Laplante
United States District Judge
Dated:
cc:

September 21, 2012

Philip A. Brouillard, Esq.
Andrew Scott Winters, Esq.
Mary Ellen Manganelli, Esq.

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