United States District Court, D. Maine
ORDER IN LIEU OF PRE-FILING CONFERENCE
Z. Singal United States District Judge
Court has reviewed the Notices Of Intent To File Motion For
Summary Judgment (ECF Nos. 35 & 36) and the Preconference
Memoranda received from both sides (ECF Nos. 40 & 41).
Having reviewed these filings, the Court concludes that no
conference is necessary and hereby ORDERS that the following
procedure be followed in connection with the to-be-filed
cross-motions for summary judgment:
before November 25, 2019, the parties shall file a
joint stipulated record using the “Stipulated
Record” event in CM/ECF. The first page of the
Stipulated Record shall consist of a list describing each
exhibit submitted. Each exhibit shall then be clearly labeled
and separately attached to this filing. The Stipulated Record
may include any exhibits and depositions (including any
exhibits to the depositions) that both sides agree will be
referenced in the statements of material fact. The inclusion
of any exhibit in the Stipulated Record does not prevent any
party from later objecting to the admissibility of the
document. Likewise, the submission of a joint record does not
prevent either side from submitting additional documents with
their respective statements of material fact.
Court encourages the parties to file stipulations of fact
that could serve to further streamline the parties'
statements of material fact. The Court reminds the parties
that they are free to indicate that any such stipulations are
admissions solely for the purposes of the to-be-filed summary
judgment motion. See D. Me. Local Rule 56(g). Any
stipulations will be considered by the Court in ruling on the
motion and need not be reiterated or referenced in the
statements of material fact. The parties are free to submit
any stipulations on or before December 6, 2019.
before December 6, 2019,
each side shall file its outlined motion for
summary judgment. Each motion for summary judgment shall not
exceed thirty (30) pages.
before January 3, 2020, each side shall file its
response to the opposing motion for summary judgment. Each
response shall not exceed thirty (30) pages.
replies are necessary. However, if either side determines
that it must respond to a new matter raised in the January 3,
2020 filings, the Court will consider a reply memorandum, not
to exceed seven (7) pages, filed on or before
January 13, 2020.
Court also expects the parties' summary judgment filings
will comply with all aspects of Local Rule 56. Having review
the parties' various representations regarding factual
statement length and in light of the anticipated
cross-motions, the Court orders that Plaintiff Enercon shall
file its statement of material facts with its motion for
summary judgment on December 6, 2019. Absent prior
court approval, Plaintiff's statement of material facts
shall not exceed two hundred (200) paragraphs. Thereafter,
Defendant Flextronics shall file an opposing statement of
material facts in accordance with Local Rule 56(c) and shall
include with any additional facts its contemplated statement
of material facts, which shall not exceed forty (40)
opposing statement of material facts and additional facts in
support of its cross-motion shall be filed no later than
December 20, 2019. Plaintiff shall then file its
reply statement of material fact in accordance with Local
Rule 56(d) on or before January 3, 2020. To the
extent this reply statement of material facts or
Defendant's earlier opposing statement of material facts
and additional facts includes any requests to strike, the
Court will consider brief responses to any request to strike
that are filed on or before January 13, 2020.
parties are reminded that Local Rule 56(f) requires specific
record citations for all facts submitted in a statement of
material facts. Absent a specific citation, the Court has no
duty to consider any part of the record submitted. To the
extent any party will rely on a page of the joint record for
a specific citation, the Court encourages the parties to use
the “PageID #” generated by CM/ECF, particularly
if the alternative pin citation may not be readily apparent
to the Court.
respect to the prior Scheduling Order deadlines (ECF Nos. 25,
27 & 34), it appears that the only deadlines that may
remain after the anticipated motions for summary judgment are
the ready for trial deadline and any trial-related motions
deadlines. These deadlines shall remain stayed until the
Court issues its ruling on the motion for summary judgment.
To the extent that issues remain for trial after the motion
for summary judgment is decided, the Court anticipates that
this case will be placed on the next available trial list
following the Court's summary judgment decision and that
pre-trial motions shall, to the extent practicable, be filed
prior to any final pretrial conference.