UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

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Christopher M. Palermo,

Plaintiff

V.

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*

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* Civil Action APRJBZteV479=optetl as a retr al

* schetludng ortler. Trlal ~U 9

Kocxmgnam county uepartment ot

Corrections, Al Wright & Kent Threlfail *

*

Defendants . *

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DEFENDANT'S PROPOSED DISCOVERY PLAN

PURSUANT TO Fed.R.Civ.P. 26(fl

DATE/PLACE OF CONFERENCE :

Pursuant to Fed . R. Civ . P . 26(a)(1)(E), defendant's counsel has not conferenced this

matter with plaintiff. A copy of this proposed plan has been forwarded to the plaintiff .

COUNSEL PRESENT/REPRESENTING:

Ra#plt Relder, pro se plaintiff

Brian J.S . Cullen for Rockingham County Department of Corrections, Al Wright and

Kent Threlfail

CASE SUMMARY

THEORY OF LIABILITY:

Plaintiff alleges that the Rockingham County Department of Corrections violated his

First Amendment rights by : (a) refusing to provide a religious diet; (b) refusing to permit

use of ritual items ; and (c) refusing to recognize the Wicca religion . He also alleges that

the defendants denied him access to the courts by failing to maintain an adequate law

library.

THEORY OF DEFENSE:

Defendants deny all liability and assert that the plaintiff failed to exhaust administrative

remedies prior to filing this suit. Defendants assert defenses of qualified immunity,

discretionary function immunity, and other applicable immunities.

Case 1:08-cv-00087-JD Document 17 Filed 11/12/08 Page 1 of 5
DAMAGES:

Plaintiff seeks $50,000, per his civil action cover sheet .

DEMAND :

January 15, 2009

OFFER (if any):

February 28, 200 9

JURISDICTIONAL QUESTIONS :

None.

QUESTIONS OF LAW:

Whether the plaintiff complied with the Prisoner Litigation Reform Act . Whether defendants were entitled to qualified, official or discretionary function immunity

on all counts.

Defendants reserve the right to supplement the questions of law as discovery proceeds .

TYPE OF TRIAL:

Jury.

DISCOVERY

TRACK ASSIGNMENT:

Standard -12 month s

DISCOVERY NEEDED :

Plaintiff will seek any and all information related to the plaintiff's claims and defenses

asserted or to be asserted by the defendants .

Defendants will seek all documents and other evidence of damages to the plaintiff and

evidence of plaintiff's religious and medical history . Further discovery will be

determined as plaintiff s claims are more fully described. Defendants will seek to depose

the plaintiff.

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Case 1:08-cv-00087-JD Document 17 Filed 11/12/08 Page 2 of 5
MANDATORY DISCLOSURES (Fed .R.Civ.P.26(a)(1))

The parties will waive mandatory disclosures pursuant to Rule 26(a)(1)(E) .

ELECTRONIC DISCOVERY

The parties will comply with all electronic discovery rules. Inadvertent waiver is not to

be construed as a general waiver of applicable privileges .

COMPLETION OF DISCOVERY :

Thirty (30) days prior to trial .

INTERROGATORIES:

A maximum of3-;~interrogatories by each party to any other party . Responses due 45

days after service unless otherwise agreed to pursuant to Fed .R.Civ .P . 29.

ISSUES RE: CLAIMS OF PRIVILEGE

The parties agree that should material protected by the attorney-client privilege and/or the

work product doctrine be inadvertently produced during discovery, such material will not

constitute a general waiver of privilege.

REQUESTS FOR ADMISSION :

A maximum of 25 requests for admission by each party to any other party. Responses

due 30 days after se rvice unless otherwise agreed to pursuant to Fed.R.Civ.P. 29.

DEPOSITIONS:

A maximum of 5 depositions by plaintiff and 5 by defendants . Each deposition limited to

maximum of 8 hours unless extended by agreement of the parties .

DATES OF DISCLOSURE OF EXPERTS AND EXPERTS' WRITTEN REPORTS AND

SUPPLEMENTATIONS

Plaintiff: July 1, 2009

Defendant: September 1, 2009

CHALLENGES TO EXPERT TESTIMONY:

Sixty (60) days before trial .

Case 1:08-cv-00087-JD Document 17 Filed 11/12/08 Page 3 of 5
OTHERITEMS

JOINDER OF ADDITIONAL PARTIES :

Plaintiff: January 30, 2009

Defendants: March 1, 2009

THIRD-PARTY ACTIONS :

Plaintiff: January 30, 2009

Defendants: March 1, 2009

AMENDMENT TO PLEADINGS :

Plaintiff: January 30, 2009

Defendants: March 1, 2009

DISPOSITIVE MOTIONS :

To Dismiss: April 15, 2009

For Summary Judgment: August 1, 2009

SETTLEMENT POSSIBILITIES :

The parties are not presently in a position to evaluate settlement .

JOINT STATEMENT RE: MEDIATION:

The parties are not presently in a position to evaluation mediation or its benefit in this

case, and therefore do not agree to conduct same . Should discovery suggest that

mediation would be beneficial, parties will notify the court.

TRIAL ESTIMATE:

2-3 days

TRIAL DATE:

November, 2009 .

PRELIMINARY PRETRIAL CONFERENCE:

October, 2009

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Case 1:08-cv-00087-JD Document 17 Filed 11/12/08 Page 4 of 5
OTHER MATTERS:

N/A

Respectfully submitted,

ROCKINGHAM COUNTY HOUSE OF

CORRECTIONS, SUPERINTENDENT AL

WRIGHT, AND REV . KENT THRELFAIL

By Their Attorneys,

CULLEN COLLIMORE, PLLC

Date: 11/4/08 By: /s/ Brian J.S. Cullen

Brian J.S . Cullen, Bar# 11265

10 East Pearl Street

Nashua, NH 03060

(603) 881-5500

bcullen(&cul lencollimore . com

CERTIFICATION

I hereby certify that a copy of the foregoing was forwarded via postage prepaid first class

mail this 4"' day of November, 2008 to Christopher Palermo, #12437, NH State Prison for Men,

281 North State Street, PO Box 14, Concord, NH 03302-0014, pro se.

Isl Brian IS. Cullen

Brian J.S. Cullen

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