Johnstone v. US Internal Revenue Service

Filing 11

PROCEDURAL ORDER re case deadlines as outlined. So Ordered by Chief Judge Joseph N. Laplante.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Stephen Johnstone
v.

Civil No. 12-cv-00475-JL

United States Internal
Revenue Service

PROCEDURAL ORDER:

BENCH TRIAL

Final hearing on the merits.
An evidentiary hearing will be held August 13, 2013 at 2:00
p.m.
Discovery:
After the Preliminary Pretrial Conference, the parties have
agreed to a 60-day discovery period (ending June 11, 2013) which
will include an informal exchange of documents, but may also
include (if necessary) interrogatories, document requests, and
requests for admissions. No such requests may be served which
would require a response on a date after June 11, 2013.
Filings:
On or before July 9, 2013, the parties shall jointly file:
•

a single timeline setting forth all pertinent dates,
times, and events, in whatever format the parties
jointly choose (in other words, the parties need not
comply with Local Rule 5.1(a) with respect to the
timeline);

•

a single Statement of Agreed Facts followed by a
Statement of Disputed Facts. The disputed facts are
not an invitation to advocacy. The parties should
simply list facts they intend to establish at the
hearing, or which they contend will not be established
at the hearing.

On or before July 23, 2013, each party shall file:

•

a witness list;

•

an exhibit list; and

•
proposed findings of fact and rulings of law,
specifically tailored to each pleaded claim, affirmative defense,
counterclaim, and defense thereto (if applicable).1
Counsel shall confer (preferably in person, or else by
telephone) in a good-faith effort to identify all areas of
agreement and to make the statement of facts and timeline as
comprehensive as possible, so that open court testimony can focus
on matters truly in dispute.

Counsel are expressly discouraged

from simply “recycling” factual statements submitted during
previous motion practice in this case.
Counsel shall confer before the hearing to identify all
areas of agreement and disagreement as to the admissibility of
each exhibit.
SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated: April 9, 2013
cc:

Dennis L. Morgan, II, Esq.
Karen A. Smith, Esq.

1

The proposed findings and ruling are meant to function as
your trial brief. Counsel may, but are not required to, file a
separate trial brief.
2