Case 1 :05-cv-00445-JD Document 36 Filed 06/20/2006 Page 1 of 5

UNITED STATES DISTRICT COUR T

DISTRICT OF NEW HAMPS HIRE Approvedlatfd adopted as a pre at

Ithedufrlp order. Trlal 4 O

William Edmondso n

V .

Commissioner , NH Department of Corrections, et al

DEFENDANTS PROPOSED DISCOVERY PLAN

DATE/PLACE OF CONFERENCE:

This matter is exempt from the requirement that the par ties hold a planning conference and

submit an agreed upon discovery plan, as it is apro se action by an incarcerated inmate. See

Fed. R. Civ. P. 26(a)(1)(E)(iii) .

COUNSEL PRESENT/PRESENTING :

William Edmondson, pro se inmate

281 North State St

PO Box 1 4

Concord, NH 03302-0014 .

Mary E. Maloney

Assistant Attorney General,

Office of the Attorney General

33 Capitol Stree t

Concord, NH 03301

(603) 271-3650

CASE SUMMARY:

THEORY OF LIABILITY : The Plaintiff brings this action under 42 U.S.C. §1983, claiming that

defendants have violated his rights under the First Amendment, Eighth and Fourteenth

Amendments to the United States Constitution in that he w as forced to par ticipate in religiously

based sexual offender treatment, and that he was terminated from the State Prison Sexual

Offender Program (SOP) in retaliation for participating in another inmate's lawsuit, which was

based upon an Establishment Clause challenge to the SOP.

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THEORY OF DEFENSE : General denial of allegations, statute of limitations, failure to

exhaust administrative remedies, failure to state a claim, any and all applicable immunities,

including but not limited to : Eleventh Amendment immunity, qualified, sovereign, absolute and

official immunity, and immunity under RSA 541-B .

DAMAGES : Plaintiff is seeking declaratory and injunctive relief. See Complaint 9[9[ A-D.

DEMAND: October 1, 2006

OFFER: (if any) November 1, 2006

JURISDICTIONAL ISSUES: PLRA, 42 U.S.C. § 1997e.

QUESTIONS OF LAW: Whether the facts as alleged by plaintiff are sufficient to establish

violations of the First, Eighth and Fourteenth Amendments to the United States Constitution ; See

also, theories of defense .

TYPE OF TRIAL: Bench Trial

DISCOVERY PLAN

TRACK ASSIGNMENT:

DISCOVERY NEEDED:

production of documents.

Standard 12-month track. Ready for trial in October 23, 2007.

Standard discovery, including the deposition of key witnesses an d

MANDATORY DISCLOSURES:

COMPLETION OF DISCOVERY :

Not applicable

August 23, 2007

$$QQ S0

INTERROGAT~~ A maximum of,einterrogatories by Plaintiff, and.Vr'

interrogatories

T

fendant$,Responses due 30 days after service unless otherwise agree d

to pursuant to Fed. R. Civ. P. 29.

REQUESTS FOR ADMIS I maximum V?requests for admissions by Plaintiff and

Oequests for admissions b e ndantkResponses due 30 days after service unless

otherwise agreed to pursu ant to Fed. R. Civ. P. 29.

DEPOSITIONS: A maximum of 10 depositions by Plaintiff and 10 depositions byiy ►tUfu4

DefendantkEach deposition limited to a maximum seven hours unless extended by agreement of

parties.

2

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Case 1 :05-cv-00445-JD Document 36 Filed 06/2012006 Page 3 of 5

DATES OF DISCLOSURE OF EXPERTS AND EXPERTS ' WRITTEN REPORTS :

Plaintiff: April 23, 2007 Defendants: May 23, 2007

The parties have not stipulated to a different form of expert report than that specified in

Fed. R. Civ . P. 26(a)(2).

CHALLENGES TO EXPERT TESTIMONY: June 23, 2007

OTHERITEMS

MEDIATION STATEMENT. The Defendants do not believe that mediation would be

fruitful for resolving this issue and are not inclined to

pursue mediation.

JOINDER OF ADDITIONAL PARTIES : heryN""`er 5 2006

THIRD-PARTY ACTIONS: None anticipated

AMENDMENT OF PLEADINGS :

Plaintiff. $~}3teThber 5, 2006 Defendant: t# 2006

DISPOSITIVE MOTIONS : Lw /

To Dismiss: ~,tw 55,, °2006

Summary Judgment: June 23, 2007

SETTLEMENT POSSIBILITIES : Unlikely.

WITNESSES AND EXHIBITS: Witness and exhibit lists due 10 days before pretrial

conference, but not less than 30 days before trial date . Objections due 14 days after service of

final pretrial statement, or per order of the Court .

TRIAL ESTIMATE : 2-3 days

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TRIAL DATE : The two-week period beginning October 23, 2007

Respectfully sub

COMMISSIONER, NH DEPARTMENT OF

CORRECTIONS, ET AL

By Defendants attorneys,

KELLY A. AYOTTE

Attorney General

Isf Mary E. Maloney

Mary E Maloney, 1603

Assistant Attorney General

Civil Burea u

New Hampshire Department of Justice

33 Capitol Street

Concord, New Hampshire 03301-6397

(603) 271-365 8

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6/20/2006

Certificate of Service

I hereby certify that a copy of the foregoing was mailed this day, to :

William Edmondson, 27555

281 North State St

PO Box 14

Concord, NH 03302-001 4

/a/ Mary E. Maloney

Mary E Maloney

Bar No. 1603

Assistant Attorney General

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