III. PLEADINGS AND MOTIONS

7.1 Motions

(a) Form

(1) Title and Content

All motions must contain the word "motion" in the title. Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Separate motions must be filed.  Objections to pending motions and affirmative motions for relief shall not be combined in one filing.

(2) Memorandum and Supporting Documents

Every motion and objection shall be accompanied by a memorandum with citations to supporting authorities or a statement explaining why a memorandum is unnecessary.  Every motion and objection which require consideration of facts not in the record shall be accompanied by affidavits or other documents showing those facts.

(3) Length of Memorandum

Except by prior leave of the court, no memorandum in support of, or in opposition to, a nondispositive motion shall exceed fifteen (15) pages and no memorandum in support of, or in opposition to, a dispositive motion shall exceed twenty-five (25) pages.

(b) Time for Response

Except as otherwise required by law or order of the court, every objection, except objections to summary judgment motions, shall be filed within fourteen (14) days from the date the motion is served.  Objections to summary judgment motions shall be filed within thirty (30) days from the date the motion is served.  The court shall deem waived any objection not filed in accordance with this rule.

(c) Concurrence

Any party filing a motion other than a dispositive motion shall certify to the court that a good faith attempt has been made to obtain concurrence in the relief sought.  If the moving party has obtained concurrence, a statement of concurrence shall be included in the body of the motion so the court may consider it without delay.  If concurrence has been obtained, the motion shall also contain the words "assented-to" in its title.  The requirements of this subsection shall not apply to motions involving an incarcerated pro se litigant.

(d) Oral Argument

Except as otherwise provided, the court shall decide motions without oral argument.

The court may allow oral argument after consideration of a written statement by a party outlining the reasons why oral argument may provide assistance to the court.  Unless otherwise ordered, each side's argument shall be limited to fifteen (15) minutes.

(e) Reply or Surreply Memorandum

(1) Dispositive Motions

Within seven(7) days of the service of an objection or opposition to a dispositive motion, the party filing the dispositive motion may file a reply memorandum not to exceed ten (10) pages restricted to rebuttal of factual and legal arguments raised in the objection or opposition memorandum.

(2) Nondispositive Motions

A memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court.  Any motion for leave to file such a reply shall be filed within seven (7) days of the service of the objection or opposition to which the reply would respond and shall attach the proposed reply, which will be limited to five (5) pages, as an exhibit.

(3) Surreply Memorandum

If a reply has been filed either as of right pursuant to LR 7.1(e)(1) or by court order under LR 7.1(e)(2), a surreply may be filed within five (5) days of the date the reply was filed. Surreplies shall be limited to five (5) pages. Parties should note that surreplies are not encouraged and should be filed only in exceptional circumstances.

(4) Deadlines

 The deadlines set in subsections (1), (2) and (3) apply unless otherwise modified or set by court order.

(f) Requests for Expedited Treatment

For good cause shown in the motion, a party may request expedited consideration of a motion.  Any request for expedited treatment shall be expressly noted in the motion caption.

History

(§ (c) amended 1/1/97; § (a)(4) amended 1/1/00; (a)(4), Reply Memorandum, stricken and § (e) added 1/1/01; § (e)(1) amended 1/1/02; §§ (b) and (e)(1)-(3) amended 1/1/03; §§ (a)(1) and (e)(2)-(3) amended 1/1/06; §§ (e)(2)-(3) amended 1/1/08; §§ (b) and (e)(1)-(3) amended 12/1/09; § (f) added 12/1/11; § (e)(4) added 12/1/15; § (e) amended 12/1/17)

7.1.1 Disclosure Statement

(a) Form of Filing

The disclosure statement referenced in Fed. R. Civ. P. 7.1 and this rule shall substantially conform to Civil Form 4, Disclosure Statement.

(b) Additional Information

The disclosure statement shall also identify any publicly held corporation with which a merger agreement exists.

(c) Partnerships and Limited Liability Companies

When a partnership or a limited liability company (LLC) is a party to an action or proceeding, the partnership/LLC shall file a disclosure statement providing the information required in Fed. R. Civ. P. 7.1 and § (b) of this rule or shall state that there is no such corporate entity that holds such an interest in the partnership/LLC.

(d) Time for Filing in Removal Actions

In removal actions, a nongovernmental corporate plaintiff, partnership plaintiff, or LLC plaintiff must file a disclosure statement within twenty-one (21) days from the date the notice of removal is filed or with its first appearance, pleading, petition, motion, response, objection, or request, whichever is filed sooner.

History

(Formerly LR 83.6(a)(4), renumbered to 7.5 and amended 1/1/01; retitled, § (a) retitled and amended, § (b) retitled, relettered to (d) and amended, and new §§ (b) and (c) added 1/1/03; §§ (c) and (d) amended 12/1/09; § (d) amended 12/1/11; formerly LR 7.5 renumbered to 7.1.1, § (a) amended 12/1/13)

7.2 Specified Motions

(a) Motions to Extend Time

Motions to extend time shall state whether the extension would result in the continuance of any hearing, conference, or trial, and state the proposed extended date.  Motions to extend deadlines set in the discovery plan shall (i) state whether the extension would result in the need to extend any other deadline set forth in the discovery plan; (ii) state the proposed extended date for those deadlines; and (iii) be accompanied by a completed Civil Form 3.

Motions to extend time based upon a scheduling conflict shall be filed within seven (7) days of the date that counsel learned, or reasonably should have learned, of the scheduling conflict.

(b) Motions to Strike

Any motion to strike material offered in support of or in opposition to a motion must be filed within fourteen (14) days of the service of the motion or objection to which the objected-to material is attached.

(c) Motions for Continuance of Trials

A motion to continue a trial shall contain a certification that the party on behalf of whom the motion was filed has been notified of the request by counsel.

(d) Motions for Reconsideration

A motion to reconsider an interlocutory order of the court, meaning a motion other than one governed by Fed. R. Civ. P. 59 or 60, shall demonstrate that the order was based on a manifest error of fact or law and shall be filed within fourteen (14) days from the date of the order unless the party seeking reconsideration shows cause for not filing within that time.  Cause for not filing within fourteen (14) days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard.

When a motion to reconsider a ruling by the magistrate judge is directed to the magistrate  judge, an objection pursuant to Fed. R. Civ. P. 72 or 28 U.S.C. § 636(b)(1) shall be filed within fourteen (14) days after being served with a copy of the magistrate judge's ruling on the motion to reconsider.

History

(Prior (c), Motions for Continuance of Trials, and (d), Motions for Reconsideration, relettered to (d) and (e), and new § (c), Motions to Strike, added 1/1/01; § (e) amended 1/1/02; § (c) amended 1/1/03; § (e) amended 1/1/06; §§ (c) and (e) amended 12/1/09; § (a) amended,  former § (b) Summary Judgment relocated to LR 56.1, former § (d) amended, former §§ (b) – (e) relettered 12/1/13)

7.3 Hazardous Pleadings and Exhibits

No party may file any hazardous pleading or exhibit without prior leave of court.  For purposes of this rule “hazardous pleading or exhibit” includes, but is not limited to, narcotics, controlled substances, firearms, ammunition, explosives, poisons, dangerous chemicals, blood, blood residue, body waste, urine, human or animal tissue or infectious material.  Any hazardous exhibit filed without prior leave of court will not be handled by court personnel and will either be returned to the filer undocketed or destroyed without prior notice to the filer at the discretion of the clerk or judge.

(former LR 7.3 Stipulations, stricken 1/1/01; Hazardous Pleadings & Exhibits, added 1/1/08)

7.4 Habeas Corpus Petitions Under 28 U.S.C. § 2254

Within sixty (60) days of serving its answer to the petition for habeas corpus, the respondent shall file either:

1. a written statement representing that an evidentiary hearing is necessary to resolve disputed issues of material fact; or

2. if the respondent believes that there are no disputed issues of material fact, a dispositive motion (e.g., a motion for summary judgment), with specific references, where applicable, to the pertinent transcripts and state court orders.  See also LR 56.1 governing memoranda filed in support of motions for summary judgment.

(Added 1/1/01; amended 1/1/03; amended 12/1/13)

8.1 [reserved]

(8.1, Redaction of Personal Identifiers in Filings, added 1/1/04; § (d) added 1/1/06; stricken 1/1/08)

9.1 Social Security Cases

The following procedures shall govern all actions challenging a final decision of the Commissioner of the Social Security Administration filed pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

(a) The defendant shall serve and file its answer, together with a certified copy of the administrative record, within sixty (60) days after service on the Commissioner. If a closed case is reopened, the defendant shall serve and file a certified copy of the administrative record within sixty (60) days after the order reopening the case is issued.

(b) Within thirty (30) days after the administrative record is filed, the plaintiff shall serve and file a Motion for Order Reversing Decision of the Commissioner or for Other Relief and a supporting memorandum.

(c) Within fourteen (14) days after plaintiff’s Motion For Order Reversing Decision of the commissioner is filed, the defendant shall serve on the plaintiff a Proposed Joint Statement of Facts. This Statement shall be in narrative form, contain record citations, describe all facts pertinent to the decision of the case and all significant procedural developments, and define all medical terms.

(d) The plaintiff shall inform the defendant within fourteen (14) days thereafter of any proposed additions or deletions to the joint statement. If the parties are unable to agree on a proposed fact to be included in the joint statement, the parties shall attach a list of disputed facts to the joint statement identifying the party who proposes inclusion of each disputed fact and the record support for each proposed inclusion.

(e) Within thirty (30) days after the plaintiff's Motion for Order Reversing Decision is filed, the defendant shall serve and file the revised Joint Statement of Material Facts, a Motion for Order Affirming Decision of the Commissioner or for Other Relief, and a supporting memorandum.  The motion and memorandum shall respond to the specific issues raised in the plaintiff's motion.  The plaintiff may file a reply memorandum pursuant to LR 7.1(e)(1).  Neither party shall otherwise be required to file an objection to the other party's motion.

(§ (a) amended 1/1/05; § (c) amended 12/1/09; § (d) amended 12/1/11; § (b) amended, § (c) added, former §§ (c) and (d) relettered, 12/1/13)

9.2 Requests for Three-Judge Court

(a) Notification of Request

To request a three-judge court, a party shall include "Three- Judge District Court Requested" or the equivalent immediately following the title of the initial filing and set forth the basis for the request in that filing or in a brief memorandum attached thereto.

(b) Failure to Comply

Failure to comply with this local rule is not a ground for failing to convene or for dissolving a three-judge court.

History

(Prior § (b), Copies Required, stricken, prior § (c) relettered to § (b) 1/1/08)

9.3 Individuals with Disabilities Education Act (IDEA) Cases

The following procedures shall govern all actions based upon 20 U.S.C. § 1415(i).

(a) The Administrative Record

The administrative record shall consist of any documents contained in the administrative file, any findings or decisions of the hearing officer, a transcript of those portions of the administrative hearing or hearings that either party or the court reasonably deems to be necessary to the resolution of the case, and any exhibits produced during the administrative hearing or hearings.  The administrative record will be sealed upon filing with the court, unless otherwise ordered.

(b) Filing of the Administrative Record

The plaintiff shall obtain and file a copy of the administrative record within thirty (30) days after the complaint is filed.  If a portion of the administrative hearing required to resolve the case has not been transcribed by the date that the administrative record is filed, the plaintiff shall order a transcript of that portion of the hearing within fourteen (14) days after the administrative record is filed, and file the transcript as soon as it becomes available.  When the plaintiff determines that the administrative record is complete, the plaintiff shall serve on the defendant a proposed certificate of completion listing the documents and portions of the transcript comprising the administrative record.  If the defendant agrees that the administrative record is complete, the defendant shall promptly file the certificate of completion.  Alternatively, if the defendant determines that a transcript of additional portions of the administrative hearing or additional documents comprising the record will be required, the defendant shall notify the Court of its intent to supplement the administrative record within fourteen (14) days of being served with the proposed certificate of completion.  The defendant shall then order the supplemental transcript within fourteen (14) days after the notice of intent to supplement the administrative record is filed.  The defendant shall file the supplemental transcript, any additional documents and a certificate of completion as soon as the supplemental transcript becomes available.

(c) Evidentiary Hearings

Within fourteen (14) days after the answer or the certificate of completion is filed, whichever is later, any party seeking an evidentiary hearing shall file a motion for evidentiary hearing and a supporting memorandum.  The motion and the supporting memorandum shall identify with specificity any evidence that will be produced at the evidentiary hearing and shall explain why such evidence is necessary to the resolution of the case.  Any objection to a motion for evidentiary hearing shall be filed together with a supporting memorandum within fourteen (14) days after the motion is filed.  An evidentiary hearing will not be held unless ordered by the court.

(d) Joint Statement of Material Facts

Within thirty (30) days after the answer or a certificate of completion is filed, whichever is later, the plaintiff shall serve on the defendant a proposed joint statement of material facts.  This statement shall be in narrative form, contain record citations, summarize all procedural developments, and describe all facts pertinent to the resolution of the case.  Within fourteen (14) days after the proposed joint statement of material facts is filed, the defendant shall inform the plaintiff of any proposed additions or deletions to the joint statement.  Within fourteen (14) days of receipt of the defendant’s proposed additions and deletions, the plaintiff shall file a joint statement of material facts containing all agreed-upon facts and record citations.  If any material facts remain in dispute, the parties shall each file a list of disputed facts including record citations within fourteen (14) days after the joint statement of material facts is filed by the plaintiff.

(e) Decision Memoranda

Unless the court orders an evidentiary hearing, the parties shall file Decision Memoranda within thirty (30) days after the joint statement of material facts is filed.  Each party shall then have fourteen (14) days to file a reply to the other party’s Decision Memorandum.  The reply shall not exceed ten (10) pages.

History

(Added 1/1/98; § (a) amended 1/1/00; §§ (b)-(e) amended 1/1/01; cite in introductory sentence amended 1/1/03; § (b) amended 1/1/08; §§ (b) through (e) amended 12/1/09)

9.4 Cases under § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B)

Unless otherwise ordered by the court, the following procedures shall govern all actions that include one or more claims under § 502(a)(1)(B), including removed cases in which an ERISA claim is pled and removed or diversity cases in which the court subsequently determines that ERISA preempts the state law claims.

(a) The Administrative Record

The defendant shall serve and file a copy of the administrative record with its answer.  In those cases in which the court determines ERISA preempts state law claims and orders the plaintiff to file an amended complaint setting forth an ERISA claim, the defendant shall serve and file the administrative record with its answer to the amended complaint. The administrative record shall consist of all relevant plan documents and any documents submitted, considered, or generated in the course of making the benefit determination.  Any motion to modify the administrative record shall be served and filed within fourteen (14) days after the administrative record is served.

(b) Joint Statement of Material Facts

Within thirty (30) days after the filing of the administrative record or the court’s ruling on any motion to modify the administrative record, whichever is later, the plaintiff shall serve on the defendant a proposed joint statement of material facts.  This statement shall be in narrative form, contain record citations, summarize all procedural developments, and describe all facts pertinent to the resolution of the case.   Within fourteen (14) days after the proposed joint statement of material facts is served, the defendant shall inform the plaintiff of any proposed additions or deletions to the joint statement.  Within fourteen (14) days after service of the defendant’s proposed additions and deletions, the plaintiff shall serve and file a joint statement of material facts containing all agreed-upon facts and record citations.  If any material facts remain in dispute, the parties shall each file a list of disputed facts, including record citations, within fourteen (14) days after the joint statement of material facts is filed by the plaintiff.

(c) Decision Memoranda

Within thirty (30) days after the joint statement of material facts is filed, plaintiff shall serve and file a motion for judgment on the administrative record and a supporting memorandum.  Within thirty (30) days after plaintiff’s motion for judgment on the administrative record is filed, defendant shall serve and file its motion for judgment on the administrative record and a supporting memorandum.  The defendant’s motion and memorandum shall respond to the specific issues raised in the plaintiff’s motion and memorandum.  Plaintiff may file a reply memorandum pursuant to LR 7.1(e)(1).  Neither party shall file an objection to the other party’s motion.

(d) Discovery and Trial

Initial disclosure under Fed. R. Civ. P. 26(a) shall not be made, discovery shall not be permitted except as stated herein, and a trial date shall not be set prior to the court’s ruling on the motions for judgment on the administrative record.  Any party may move the court to permit limited discovery as permitted by case authority.

History

(Added 6/1/05; §§ (a), (b) and (d) amended 12/1/09; § (d) amended 12/1/15)

9.5 Electronic Case Filing Rules

Fed. R. Civ. P. 5 and 83 and Fed. R. Crim. P. 57 authorize the courts to establish practices and procedures for the filing, signing, service, maintenance, and verification of documents by electronic means.  The procedures governing electronic case filing in this district shall be contained in the Supplemental Rules for Electronic Case Filing in the United States District Court for the District of New Hampshire.

(Added 12/1/11; amended 12/1/13)

9.6 Patent Cases

Unless otherwise ordered, the Supplemental Rules for Patent Cases shall govern all cases in which jurisdiction is based, in whole or in part, on 28 U.S.C. § 1338.

(Added 12/1/11)                    

15.1 Motions to Amend

(a) Motions

A party who moves to amend a filing shall (i) attach the proposed amended filing to the motion to amend, (ii) identify in the motion or a supporting memorandum any new factual allegations, legal claims, or parties, and (iii) explain why any new allegations, claims, or parties were not included in the original filing.

(b) Amended Pleadings

Any amendment to a pleading, whether filed as a matter of course or upon a motion to amend, shall reproduce the entire filing as amended and may not incorporate any prior filing by reference, except by leave of court.

(c) Effect of an Amended Complaint

When a plaintiff files an amended complaint as of right or with leave of court after the filing of a motion to dismiss for failure to state a claim, the motion to dismiss shall be automatically denied without prejudice and the defendant(s) shall respond to the amended complaint as may be appropriate under Fed. R. Civ. P. 12, within the time allowed under Fed. R. Civ. P. 15(a).

History

(Amended and split into §§ (a) and (b) 1/1/98; § (c) added 12/1/13)

16.1 Preliminary Pretrial Conferences

(a) Scheduling

The court will hold a preliminary pretrial conference in all cases except those cases which have been designated as administrative track cases pursuant to LR 40.1 or those cases in which the discovery plan has been approved.

(b) Subjects for Consideration

The court may consider and take appropriate action on any matter referenced in the discovery plan filed by the parties pursuant to Fed. R. Civ. P. 26(f) and any other subject listed in Fed. R. Civ. P. 16(c).  The parties shall be prepared to discuss a proposed trial date, any stipulated or proposed changes to the disclosures under Fed. R. Civ. P. 26 or the presumptive limits in Fed. R. Civ. P. 30(a), 30(b), 31(a), 33(a) or the number of requests in Fed. R. Civ. P. 36.  See Civil Form 2.

History

(§ (a) amended 1/1/00; § (b) amended 1/1/01)

16.2 Final Pretrial Statements

(a) Contents

Final pretrial statements shall be filed in accordance with Fed. R. Civ. P. 26(a)(3) and, in addition to the requirements of that rule, shall contain:

(1) a brief statement of the case assented to by all parties, except assent shall not be required in cases in which one or more of the parties is an incarcerated pro se litigant;

(2) the name of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises, and the parties shall simultaneously exchange between themselves the address and telephone number for each listed witness;

(3) a written waiver of claims or defenses, if any;

(4) a list of all depositions which may be read into evidence, with page/line designations filed ten (10) days prior to trial, counter-designations filed five (5) days prior to trial, and objections filed two (2) days prior to trial;

(5) a list of all exhibits to be offered at trial separately identifying those which the party expects to offer and those which the party may offer if the need arises.  Exhibits intended to be used solely for impeachment need not be listed;

(6) a statement confirming that the parties have met and conferred on whether they intend to have the jury use the Jury Evidence Recording System (JERS) to review evidence and their respective positions on the use of JERS;

(7) an itemized statement of special damages;

(8) except in actions tried without a jury, a statement of the latest demand and offer, and a statement describing the parties' participation in any alternative dispute resolution process;

(9) a statement of a claim for attorney's fees, if applicable, with citation to the statutory and/or regulatory authorities relied upon as the basis for the claim;

(10) any requests for a view pursuant to LR 39.3, and a designation as to who shall pay the cost of the view in the first instance; and

(11) an estimate of the length of trial.

(b) Documents to Accompany Final Pretrial Statements

The following documents shall be filed simultaneously as separate documents with each party's final pretrial statement:

(1) Requests for Jury Instructions

Requested jury instructions shall cover the elements of all claims and defenses raised in the case and any unusual issues that may arise in the case that will warrant a special instruction.  Instructions such as the role of the jury, evaluating witness credibility, burden of proof, and other instructions routinely given by the court are not to be included.  Parties may file supplemental requests at the close of the evidence or at such earlier time during trial as the court reasonably directs.

(2) Trial Memoranda and Requests for Findings of Fact and Rulings of Law

In all actions tried upon the facts without a jury or with an advisory jury, the parties shall file memoranda of law and requests for findings of fact and rulings of law with their final pretrial statements.  The parties may file supplemental requests and/or further memoranda at such time as the court directs.  

Requests for findings of fact shall concern only facts that are genuinely disputed and material to the outcome of the case.  Such requests shall be set forth in chronological order in separately numbered paragraphs.  Proposed rulings of law shall be set forth in separately numbered paragraphs and contain brief citations to supporting authority.

(3) Motions in Limine

(4) Voir Dire Requests

(5) Proof of Special Damages

The defendant shall notify the plaintiff if it requires testimonial proof of special damages.

(6) Use of JERS

To the extent at least one but not all parties would like to present evidence electronically to the jury during deliberations using the Jury Evidence Recording System (JERS), the party who desires to use JERS shall file a motion requesting leave to do so. 

(c) Duty to Update

If a case is continued after the parties have filed final pretrial statements, the parties shall either update their final pretrial statements or file a stipulation that no change is necessary no later than ten (10) days prior to the new final pretrial conference.

(d) Objections

In addition to objections in Fed. R. Civ. P. 26(a)(3), objections to exhibits, motions in limine, proposed jury instructions, and proposed findings of fact and rulings of law shall be filed no later than fourteen (14) days after the service of the final pretrial statements in accordance with this rule.

History

(§ (c)(1), Requests for Jury Instructions, amended 1/1/97; § (b)(1) amended 1/1/99; § (c) amended 1/1/00; § (a), Deadline, stricken, §§ (b)-(e) relettered accordingly, and §§ (a) and (d) amended 1/1/01; § (d) amended 1/1/03; §§ (a)(2)-(3) stricken, former §§ (a)(4)-(12) renumbered accordingly, 1/1/06; § (a)(4) amended 1/1/08; § (a)(2) amended, § (a)(6) added, former §§ (a)(6)-(10) renumbered accordingly, 12/1/11; § (a)(6) amended, § (b)(6) added 12/1/13)

16.3 Final Pretrial Conferences

(a) Scheduling

The final pretrial conference will be held approximately ten (10) days prior to trial.

(b) Attendance

Counsel with settlement authority shall attend.  Parties and insurance carrier representatives shall attend unless excused by a prior order of the court, in which case they shall be available by telephone.  Unless otherwise ordered by the court, the United States may be represented solely by an attorney from either the United States Attorney's Office or the Department of Justice, and the State of New Hampshire may be represented solely by an attorney from the Office of the Attorney General, provided that said representatives have settlement authority.

(c) Subjects for Consideration

In addition to the subjects listed in Fed. R. Civ. P. 16(c)(2), the court may consider and take appropriate action on the following subjects:

(1) evidentiary problems, including admissibility of exhibits, motions in limine, expert witnesses, and elimination of cumulative evidence;

(2) order of presentation in multiparty cases;

(3) issues concerning jury selection, including proposed voir dire and the number of jurors;

(4) requests for a view pursuant to LR 39.3;

(5) order of witnesses;

(6) proposed jury instructions, requests for special verdicts, and other legal questions;

(7) stipulations of uncontested fact;

(8) possibility of settlement;

(9) length of trial and imposition of time limits; and

(10) any special needs of trial participants.

(d) Objection to Videotape Testimony

A party objecting to a question or an answer in videotaped testimony shall provide the court with a transcript of the question or answer at issue during the final pretrial conference.

History

(§ (c)(10) added 1/1/98)

16.4 Altering Deadlines

(a) Deadlines Established by the Court

Deadlines established by the court shall not be changed by agreement without court approval.

(b) Discovery Deadlines

A stipulation extending the time within which to respond or object to a discovery request or to take a deposition need not be approved by the court provided the extended date by which the response is due or on which the deposition is to be taken is prior to the discovery completion date established for the case or at least thirty (30) days prior to the date set for the final pretrial conference, whichever is earlier.