Galvin et al v. EMC Mortgage Corporation et al

Filing 33

ORDER granting as submitted/with changes re 32 Discovery Plan. Length of Trial 3-4 days. Case Track: Standard. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 1/31/2014. Dispositive Motion Filing Deadline 9/20/2013. Mediation Follow Up on 5/1/2014.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Mark Galvin, et al.
v.

Civil No. 12-cv-320-JL

EMC Mortgage Corporation, et al.
ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
July 30, 2013.
The Discovery Plan (document no. 32) is approved as
submitted, with the following changes:
• Close of discovery1 - January 31, 2014
• Third-party actions - September 6, 2013
• Amendment of pleadings by plaintiffs - September 6, 2013
• Amendment of pleadings by defendants - September 20, 2013
• Joinder of additional parties
by plaintiffs - September 6, 2013
• Joinder of additional parties
by defendants - September 20, 2013
• DeBenedetto disclosures - September 20, 2013
• Plaintiffs’ expert disclosure - October 25, 2013
• Defendants’ expert disclosure - November 22, 2013
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The parties are also advised that the court considers the
deadline for the completion of discovery to be a deadline by
which discovery is to be completed–-not a deadline by which
discovery is to be served. Propounding parties shall ensure that
enough time remains in the discovery period for the recipient to
provide its responses by that deadline. Where Federal Rule
33(b)(2), 34(b)(2), or 36(a)(3) would call for a response after
the deadline, the recipient need not provide a response.

• Expert Report Supplementation - December 6, 2013
• Expert Challenges - March 28, 2014
• Motions to Dismiss - September 20, 2013
• Motions for Summary Judgment2 - January 31, 2014
• Trial Date - July, 2014
1.

The plaintiffs may serve 25 interrogatories on each

defendant.

The defendants may serve a total of 50

interrogatories on the plaintiffs.
2.

The plaintiffs may serve 25 requests for admission on

each defendant.

The defendants may serve a total of 50 requests

for admission on the plaintiffs.
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 demands for statutory damages on Count 2
of the Complaint; and an accounting, as mentioned in ¶
17.
The defendants will amend ¶¶ 3, 25, 41-50, 64, 68-70, 72-74
& 94(e).

2

Notwithstanding the court’s summary judgment deadline, the
parties may move for summary judgment on any issue at any time
prior to that deadline. They are advised, however, that any
motions for summary judgment that are directed at discrete issues
and filed well before the close of discovery are unlikely to
receive expeditious treatment.
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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
expressly request, in the title of the motion, a referral to the
United States Magistrate Judge.

Such referral requests will
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normally be granted.

If the Magistrate Judge is recused,

alternate arrangements will be made.
SO ORDERED.

____________________________
Joseph N. Laplante
United States District Judge
Dated: August 1, 2013
cc:

Jamie Ranney, Esq.
Paul J. Alfano, Esq.
Peter G. Callaghan, Esq.

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