Lintner et al v. Bank of New York, Mellon et al

Filing 17

ORDER approving (with changes) 15 Discovery Plan. Length of Trial 4 days. Case Track: Standard. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 10/15/2013. Dispositive Motion Filing Deadline 5/1/2013. Close of Discovery deadline 10/15/2013. Joint Mediation Statement due by 8/15/2013.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
James Lintner, et al.
v.

Civil No. 12-cv-00462-JL

Bank of New York Mellon, et al.

ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
January 29, 2013.
The Discovery Plan (document no. 15) is approved as
submitted, with the following changes:
• Close of discovery - October 15, 2013
• Expert discovery
Plaintiff’s expert disclosure - August 1, 2013
Defendant’s expert disclosure - September 1, 2013
Supplement to expert reports - October 1, 2013
• Summary judgment deadline - October 15, 2013
• Jury trial - March, 2014
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:
Bank of New York Mellon -

Third, Fourth, Seventh and
Eighth

Saxon - Fourth
Defendant Bank of New York Mellon will amend ¶¶ 4, 7, 11,
12, 15, 16, 17, 19, and 20 of its Answer to clearly indicate its
position with respect to the corresponding allegation(s) of the
complaint.
Defendant Saxon will amend ¶¶ 7, 11, 12, 15, 19, and 20.
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
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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.
SO ORDERED.

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

January 29, 2013

David H. Bownes, Esq.
Joshua D. Shakun, Esq.
John A. Houlihan, Esq.
Alexander G. Henlin, Esq.

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