United States District Court, D. New Mexico
STEPHAN M. VIDMAR United States Magistrate Judge.
MATTER is before the Court on a telephonic Rule 16 scheduling
conference, held on February 1, 2017. The parties' Joint
Status Report and Provisional Discovery Plan [Doc. 23] 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 March 15, 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 March 29, 2017, to join additional parties and
amend the pleadings (in compliance with the requirements of
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 July 3, 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 August 2, 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 August 30, 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. The Court will
not limit the number of requests for admission served by each
party at this time. 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
relating to discovery shall be filed with the Court and
served on opposing parties by September 19, 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 September 29,
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
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 November 14,
2017; Defendants to Court on or before November 28, 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 thirty (30) days prior to the time set for trial.
Any exceptions thereto must be upon order of the Court for
good cause shown.