Fiandaca v. Taylor Lobster Company, LLC

Filing 19

ORDER approving 17 Discovery Plan. Length of Trial 2-3 days. Case Track: Standard. Defendant to file affidavit as outlined on or before 1/15/13. On or before 1/31/13, plaintiff to file second amended complaint. So Ordered by Chief Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 3/1/2013. Mediation Follow Up on 10/1/2013.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Adam Fiandaca
v.

Civil No. 12-cv-00188-JL

Taylor Lobster Company, LLC

ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
January 3, 2013.
The Discovery Plan (document no. 17) is approved as
submitted, with the following changes:
• Close of discovery -

120 days prior to final pretrial
conference

• Expert challenges -

60 days prior to final pretrial
conference

• Summary judgment deadline - 120 days prior to final
pretrial conference
• Jury trial - February, 2014
On or before January 15, 2013, defendant Taylor Lobster
Company, LLC shall file an affidavit identifying each of its
members, and the citizenship of each, for purposes of diversity
jurisdiction.

In response to this filing, and on or before

January 31, 2013, the plaintiff shall file a second amended
complaint either (1) omitting the claims against defendant
Chelsey Severns, Jr., with the result that they will deemed

dismissed without prejudice, or (2) alleging the relationship of
Severns's vessel or conduct to the accident at issue.
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.
Oral argument on dispositive motions.

Counsel and the

parties should anticipate that oral argument will be held on all
dispositive motions.

Any party preferring that such a motion be

decided on the written filings alone should so notify the clerk.
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
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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.

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

January 3, 2013

Brian Keane, Esq.
Francis X. Quinn, Jr., Esq.
Donald L. Smith, Esq.

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