Bohl v. Kelly Services, Inc. et al

Filing 16

ORDER approving 11 Discovery Plan as submitted/with changes. Length of Trial 3-5 days. Case Track: Standard. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 7/25/2013. Dispositive Motion Filing Deadline 1/15/2013. Mediation Follow Up on 4/1/2013.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Karl F. Bohl
v.

Civil No. 12-cv-00357-JL

Kelly Services, Inc., et al.

ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
November 14, 2012.
The Discovery Plan (document no. 11) is approved as
submitted.
• Jury trial - December, 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:

Kelly: release,

prior judgment, statute of limitations, statute of frauds,
assignment and/or disposition of claim, waiver, modification,
estoppel, unclean hands, failure to exhaust; FNGP:

laches,

unclean hands, estoppel, waiver, statute of limitations.
Defendant Kelly Services will amend ¶ 22 of its Answer to
clearly indicate its position with respect to the corresponding
allegation 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.
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: November 14, 2012
cc:

Lauren S. Irwin, Esq.
Rick J. Patterson, Esq.
Steven M. Potter, Esq.
Jeffrey S. Siegel, Esq.
Mark T. Broth, Esq.

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