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 March 23, 2017. The parties' Joint
Status Report and Provisional Discovery Plan [Doc. 24] 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 May 4, 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 May 18, 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 August 21, 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 21, 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 19, 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 parties
will be permitted five depositions per side-that is, five
depositions by Plaintiff and five depositions by Defendants
collectively. The pendency of dispositive motions shall not
relating to discovery shall be filed with the Court and
served on opposing parties by November 8, 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 November 20,
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 January 5,
2018; Defendants to Court on or before January 19, 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 ...