Mendonsa v. Abercrombie & Fitch Stores, Inc.
Filing
14
///ORDER approving 11 Discovery Plan as submitted/with changes. Length of Trial 3 days. Case Track: Standard. So Ordered by Chief Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 8/12/2013. Mediation Follow Up on 9/3/2013.(ko) Modified on 5/13/2013 to add: ///(ko).
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jared Mendonsa
v.
Civil No. 13-cv-00125-JL
Abercrombie & Fitch Stores, Inc.
ORDER AFTER PRELIMINARY
PRETRIAL CONFERENCE
The Preliminary Pretrial Conference was held in chambers on
May 13, 2013.
The Discovery Plan (document no. 11) is approved as
submitted, with the following changes:
• DeBenedetto disclosure deadline - May 13, 2013
• Summary judgment deadline - February 12, 2014
• Jury trial - July 8, 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 plaintiff’s claim for libel (to be replaced by a
slander claim in an amended complaint);
• the following affirmative defenses:
Second (statute of
limitations); Third through Sixth (laches, consent, estoppel,
waiver); Fourteenth (setoff, offset, recoupment).
The defendant denies ¶ 2 of the compliant.
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:
cc:
May 13, 2013
John T. Pendleton, Esq.
C. Kevin Leonard, Esq.
Daniel J. Cianchetta, Esq.
Mark A. Knueve, Esq.
Wilbur A. Glahn, III, Esq.
Steven J. Dutton, Esq.
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