Eskenazi v. Slover, et al

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 January 7, 2019
Disclosure of Claims Against
Unnamed Parties, Joinder of
Additional Parties, and
Third-Party Actions
June 29, 2018 2
Amendment of Pleadings 	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.
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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
3 It does not appear that the parties anticipate filing
motions to dismiss. 	The court nonetheless includes this
deadline as a matter of precaution.
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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.
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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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