United States District Court, D. New Hampshire
Jonathan Mark Levitan, Esq. Jeffrey C. Spear, Esq. Peter N.
Tamposi, Esq.
ORDER
ANDREA
K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE.
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
|
January 7, 2019
|
Disclosure of Claims Against Unnamed Parties, Joinder
Additional Parties, and Third-Party Actions
|
June 29, 2018 [2]
|
Amendment of Pleadings
|
Defendants: April 16, 2018
|
Motions to Dismiss
|
May 3, 2018 [3]
|
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 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
...