United States District Court, D. New Mexico
December 13, 2016
JOHN OAKLEAF, Plaintiff, 
FNU FRAWNER and FNU IBRAHIM, Defendants.
STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on a telephonic Rule 16 scheduling
conference, held on December 13, 2016. The parties' Joint
Status Report and Provisional Discovery Plan [Doc. 51] is
adopted, except as modified below.
accordance with the Civil Justice Expense and Delay Reduction
Plan adopted in compliance with the Civil Justice Reform Act,
and pursuant to Title 28 U.S.C. § 473(a)(1), this case
is assigned to a “complex” (210-day) track
shall be allowed until February 1, 2017, to join additional
parties and amend the pleadings (in compliance with the
requirements of Fed.R.Civ.P. 15(a)). Defendants shall be
allowed until February 15, 2017, to join additional parties
and amend the pleadings (in compliance with the requirements
of Fed.R.Civ.P. 15(a)).
parties must disclose every expert witness who is expected to
testify, even if the expert is not required to submit an
expert report. See Fed. R. Civ. P. 26(a)(2)(B)-(C);
D.N.M.LR-Civ. 26.3(b). Plaintiff shall identify to all parties in
writing any expert witness to be used by Plaintiff at trial
and provide expert reports pursuant to Fed.R.Civ.P.
26(a)(2)(B) or summary disclosures under Rule
26(a)(2)(C) no later than May 12, 2017. All other
parties shall identify in writing any expert witness to be
used by such parties at trial and provide expert reports
pursuant to Fed.R.Civ.P. 26(a)(2)(B) or summary disclosures
under Rule 26(a)(2)(C) no later than June 12, 2017. Rebuttal
experts disclosed pursuant to Fed.R.Civ.P. 26(a)(2)(D)(ii)
shall be disclosed within 30 days after the other party's
termination date for discovery is July 11, 2017, and
discovery shall not be reopened, nor shall case management
deadlines be modified, except by an order of the Court upon a
showing of good cause. This deadline shall be construed to
require that discovery be completed on or before the above
date. Service of interrogatories, requests for production,
and requests for admission shall be considered timely only if
the responses are due prior to the deadline. A notice to take
deposition shall be considered timely only if the deposition
takes place prior to the deadline. The pendency of
dispositive motions shall not stay discovery.
parties shall be permitted 25 requests for production by each
party to any other party. The Court will not limit the number
of requests for admission served by each party at this time.
The parties shall be permitted 12 depositions per side-that
is, 12 depositions by Plaintiff and 12 depositions by
Defendants (collectively). Depositions of parties and experts
are limited to seven hours on the record, unless the parties
agree otherwise. All other depositions are limited to four
hours on the record, unless the parties agree otherwise.
relating to discovery shall be filed with the Court and
served on opposing parties by July 31, 2017. See
D.N.M.LR-Civ. 7 for motion practice requirements and timing
of responses and replies. This deadline shall not be
construed to extend the 21-day time limit in D.N.M.LR-Civ.
26.6 (Party served with objection to discovery request must
file motion to compel within 21 days of service of objection.
Failure to file motion within 21 days constitutes acceptance
of the objection.).
motions, other than discovery motions, shall be filed with
the Court and served on opposing parties by August 10, 2017.
See D.N.M.LR-Civ. 7 for motion practice requirements
and timing of responses and replies. Any pretrial motions,
other than discovery motions, filed after the above dates
shall, in the discretion of the Court, be considered
documents are attached as exhibits to motions, affidavits or
briefs, those parts of the exhibits that counsel want to
bring to the attention of the Court must be highlighted in
accordance with D.N.M.LR-Civ. 10.6.
are directed to file a consolidated final Pretrial Order as
follows: Plaintiff to Defendants on or before September 25,
2017; Defendants to Court on or before October 10, 2017.
are directed that the Pretrial Order will provide that no
witnesses except rebuttal witnesses whose testimony cannot be
anticipated, will be permitted to testify unless the name of
the witness is furnished to the Court and opposing counsel no
later than 30 days prior to the time set for trial. Any
exceptions thereto must be upon order of the Court for good
 Plaintiff identifies as female and
prefers the name Julie Marie Oakleaf. [Doc. 1]. Accordingly,
the Court will refer to Plaintiff as “she” or
 See also Blodgett v. United
States, No. 2:06-CV-00565 DAK, 2008 WL 1944011, at *5
(D. Utah May 1, 2008).
 Summary disclosures are, under certain
circumstances, required of treating physicians. Farris v.
Intel Corp., 493 F.Supp.2d 1174, 1180 (D.N.M. 2007)
(Treating physicians who do not submit Rule 26 expert reports
may only testify “based on . . . personal knowledge and
observations obtained during [the] course of care and
treatment[.]”); Blodgett, 2008 WL 1944011, at
*5 (“[T]reating physicians not disclosed as experts are
limited to testimony based on personal knowledge and may not
testify beyond their treatment of a patient.”).