Eskenazi v. Slover, et al

Filing 39

ORDER approving in part 38 Discovery Plan. Length of Trial 3 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 10/23/2018. Dispo sitive Motions due by 5/3/2018. Discovery Status Conference set for 10/1/2018 10:30 AM before Magistrate Judge Andrea K. Johnstone. At least 7 days prior to the date of the conference, the parties shall submit a joint statement regarding the status of discovery. Mediation due by 9/14/2018. (vln)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Jack Eskenazi
v.

Civil No. 17-cv-610-AJ

Christopher Slover, et al.

O R D E R
On January 26, 2018, the parties submitted a proposed
discovery plan.1

Doc. no. 38.

The discovery plan is approved

with the following changes:
Scheduling Designation

Deadline

Trial

Two-week period beginning
February 20, 2019

Demand (if any)

March 1, 2018

Offer (if any)

April 2, 2018

Challenges to Expert
Testimony
Disclosure of Claims Against
Unnamed Parties, Joinder of
Additional Parties, and
Third-Party Actions
Amendment of Pleadings

January 7, 2019

June 29, 20182

Defendants: April 16, 2018

1

The parties are advised that Civil Form 2, the proposed
discovery plan template, has been updated as part of the
December 1, 2017 amendments to the Local Rules for this
district.
2

Per Civil Form 2, disclosures of claims against unnamed
parties should be made at least thirty days prior to the joinder
of additional parties deadline. Based the parties’ agreement,
however, the court allows a deviation in the present case.

Motions to Dismiss

May 3, 20183

Motions for Summary Judgment

October 23, 2018

Joint Statement Re:
Mediation

The parties shall inform the
court on or before September
14, 2018, whether mediation
is suitable and, if so, when
it should occur

Electronic Information Disclosures.

The parties appear to

have had preliminary discussions regarding the discovery of
electronically stored information (“ESI”).

Based on the

representations in their proposed discovery plan, the court does
not require that they supplement their statement at this time.
Nevertheless, should disputes regarding ESI discovery arise, the
court may require that the parties file a supplemental ESI
statement addressing in more detail the suggested factors in
Civil Form 2.

Completion of discovery.

The parties are advised that the

court considers the deadline for the completion of discovery to
be a deadline by which discovery is to be completed – not a
deadline by which discovery is to be served.

Propounding

parties shall ensure that enough time remains in the discovery
period for the recipient to provide its responses by that

3

It does not appear that the parties anticipate filing
motions to dismiss. The court nonetheless includes this
deadline as a matter of precaution.

2

deadline.

Where Federal Rule 33(b)(2), 34(b)(2), or 36(a)(3)

would call for a response after the deadline, the recipient need
not provide a response.
Discovery disputes.

Should discovery disputes arise in

this case, prior to filing a motion to compel, the parties may
request an informal conference.

The party or counsel seeking

discovery related relief should confer with opposing counsel,
identify mutually available dates, and then contact the Deputy
Clerk to schedule a conference with the court.

The court will

inform the parties and counsel what written materials, if any,
will be permitted in advance of the conference.

To the extent

the aforementioned informal process does not resolve the
discovery dispute, the parties may thereafter seek to resolve
the dispute through a customary motion to compel discovery or
other appropriate motion.
Status Conference.

The clerk’s office shall schedule a

discovery status conference at least 60 days prior to the close
of discovery.

At least 7 days prior to the date of the

conference, the parties shall submit a joint statement regarding
the status of discovery.
Pretrial Conference.

In light of the foregoing, the

pretrial conference scheduled for February 2, 2018, is
cancelled.

3

SO ORDERED.
__________________________
Andrea K. Johnstone
United States Magistrate Judge
January 30, 2018
cc:

Jonathan Mark Levitan, Esq.
Jeffrey C. Spear, Esq.
Peter N. Tamposi, Esq.

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