United States District Court, D. New Mexico
ALEXANDRA R. VILLA, CARINA MURPHY, TRACIE VALDEZ, RAQUEL MUNOZ, and AMANDA GUTIERREZ, Plaintiffs,
BOARD OF COUNTY COMMISSIONERS OF CIBOLA COUNTY, COUNTY OF CIBOLA, DAVID SANCHEZ, MICHAEL DODDS, RACINE PLATERO, GILBERT GONZALES, ADRIANNE JARAMILLO, LANCE DIXON, AARON HOLGUIN, KEVIN LONG, JOHN DOES 1-10, and JANE DOES 1-10, Defendants.
STEPHAN M. VIDMAR, UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on a telephonic Rule 16 scheduling
conference, held on March 1, 2017. The parties' Joint
Status Report and Provisional Discovery Plan [Doc. 18] 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” (240-day) track
shall be allowed until April 12, 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 April 26, 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). Plaintiffs shall identify to
all parties in writing any expert witness to be used by
Plaintiffs 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 28, 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 September 27, 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.
termination date for discovery is October 27, 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. The parties will be permitted 20
depositions per side-that is, 20 depositions by Plaintiffs
and 20 depositions by Defendants. 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.
relating to discovery shall be filed with the Court and
served on opposing parties by November 16, 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 party by November 27, 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: Plaintiffs to Defendants on or before January 12,
2018; Defendants to Court on or before January 26, 2018.
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.
See also Blodgett v. United
States, No. 2:06-CV-00565 DAK, 2008 WL 1944011, at *5
(D. Utah ...