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LLC v. National Fire & Marine Insurance Co.

United States District Court, D. New Mexico

February 23, 2017

WELCOME PROPERTIES 201, LLC, Plaintiff,
v.
NATIONAL FIRE & MARINE INSURANCE CO., Defendant.

          SCHEDULING ORDER

          STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference, held on February 23, 2017. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 12] is adopted, except as modified below.

         Defendant has filed a motion requesting that the Court bifurcate the claims in this case into the contractual claim and the extra-contractual claims (common law bad faith, breach of fiduciary duty, and violation of the Unfair Trade Practices Act) for all purposes, including trial. [Doc. 13]. Defendant requests that the Court resolve the contractual claim before proceeding, if necessary, to the extra-contractual claims; as such, Defendant requests that the Court stay proceedings on the extra-contractual claims while the breach-of-contract claim proceeds. Id. The Court will stay discovery with respect to the extra-contractual claims.[1] At this time, discovery will be limited to the contractual claim. Therefore, the deadlines set forth herein pertain only to the contractual claim.

         In 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 “standard” (180-day) track classification.

         Plaintiff shall be allowed until April 3, 2017, to join additional parties and amend the pleadings (in compliance with the requirements of Fed.R.Civ.P. 15(a)). Defendant shall be allowed until April 20, 2017, to join additional parties and amend the pleadings (in compliance with the requirements of Fed.R.Civ.P. 15(a)).

         The 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).[2] 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)[3] no later than June 23, 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 July 24, 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 disclosure.

         The termination date for discovery is August 22, 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 parties will 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. 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.

         Motions relating to discovery shall be filed with the Court and served on opposing parties by September 11, 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.).

         Pretrial motions, other than discovery motions, shall be filed with the Court and served on opposing party by September 21, 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 untimely.

         If 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.

         Counsel are directed to file a consolidated final Pretrial Order as follows: Plaintiff to Defendant on or before November 6, 2017. Defendant to Court on or before November 20, 2017. Counsel 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 cause shown.

         IT IS SO ORDERED.

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