The Mortgage Specialists, Inc. et al v. NH Banking Department, Commissioner

Filing 19

PROCEDURAL ORDER granting 18 Motion to Amend Complaint. Hearing re 14 Motion for Temporary Restraining Order and Preliminary Injunctive Relief set for May 13, 2013 at 1:00 p.m. Parties to jointly file a sing le timeline and Statement of Agreed Facts as outlined by May 8, 2013, and proposed findings of fact and rulings of law by May 10, 2013. Plaintiff to file proposed order as outlined by May 10, 2013. So Ordered by Chief Judge Joseph N. Laplante.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

The Mortgage Specialists, Inc.,
et al.
v.

Civil No. 13-cv-00156-JL

NH Banking Department,
Commissioner

PROCEDURAL ORDER:

PRELIMINARY INJUNCTION HEARING

The plaintiffs’ motion to amend complaint (doc. no. 18) is
GRANTED.
A preliminary injunction hearing is scheduled for May 13,
2013 at 1:00 p.m. Plaintiffs’ counsel has elected that the
hearing will proceed on oral argument, as opposed to the
presentation of evidence.
On or before May 8, 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 (i.e., "The plaintiff can
not establish irreparable harm because.....” or "There
is a strong likelood of success on the merits
because....”). The parties should simply list facts
they intend to establish at the hearing, or which they
contend will not be established by the adverse party at
the hearing.

On or before noon on May 10, 2013, each party shall file
proposed findings of fact and rulings of law.
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 presentations 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.
On or before noon on May 10, 2013, the plaintiff shall file
a proposed order in compliance with Rule 65 and Local Rule 65.1.
The order shall specifically address the amount of the bond, if
any, under Rule 65(c).
SO ORDERED.

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

May 1, 2013

Michael S. Parousis, Esq.
Nancy J. Smith, Esq.

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