United States District Court, D. New Mexico
INITIAL SCHEDULING ORDER
E. GARZA, UNITED STATES MAGISTRATE JUDGE
case is assigned to me for scheduling, case management,
discovery, and all other non-dispositive motions. Counsel are
required to comply with the Local Civil Rules of the United
States District Court for the District of New Mexico, as well
as the Federal Rules of Civil Procedure. Civility,
professionalism, and cooperation are required of counsel
throughout this litigation.
and any pro se parties will "meet and
confer" no later than June 8, 2017, to discuss: (1) the
nature and bases of their claims and defenses; (2) the
possibility of a prompt resolution or settlement; (3) making
or arranging for complete initial disclosures as required by
Rule 26(a)(1); (4) preserving discoverable information; and
(5) the formulation of a provisional discovery plan.
Fed.R.Civ.P. 26(a)(1), (f). In formulating a provisional
discovery plan, counsel and pro se parties should
meaningfully discuss: (i) the subjects on which discovery may
be needed, when discovery should be completed, and whether
discovery should be conducted in phases or limited to
particular issues; (ii) any issues about the disclosure,
discovery, or preservation of electronically stored
information, including the form(s) in which it should be
produced; (iii) any issues about claims of privilege or
confidentiality of materials, including exploring whether the
parties can agree on a procedure to assert these claims and
whether they will ask the Court to include any agreement in
an order; (iv) whether any changes should be sought to the
limitations on discovery imposed by the Federal Rules of
Civil Procedure or the Local Civil Rules; and (v) the facts
and the law governing the case to which the parties are
willing to stipulate.
to Rule 26(d)(2), the parties may deliver discovery requests
under Rule 34 prior to the “meet and confer”
date, however those requests are not considered to have been
served until the first “meet and confer” session.
disclosures under Rule 26(a)(1) must be made within fourteen
(14) days of the meet and confer session, unless a different
time is set by stipulation or court order. The parties are
advised to strictly follow the letter and spirit of Rule
26(a)(1) in preparing their initial disclosures. Fed.R.Civ.P.
26(a)(1). Initial disclosures are intended to accelerate the
exchange of core information about the case and eliminate the
need for formal discovery at the early stages of litigation.
See 1993 Advisory Committee Notes to Fed.R.Civ.P.
26(a)(1). The parties must seek to meet these objectives in
making their initial disclosures, and should be prepared to
explain how they have fully complied with their obligations
under Rule 26(a)(1) at the Rule 16 Scheduling Conference.
parties will cooperate in preparing a Joint Status Report
and Provisional Discovery Plan (“JSR”) which
follows the sample JSR form available on the United States
District Court for the District of New Mexico's website.
All attorneys must show their complete mailing address and
telephone number(s) under the “Appearances”
section of the JSR. Do not indicate witnesses'
addresses as “in care of” an attorney's
office. The city or town of residence of each witness must be
included so that the trial judge can consider that
information in determining the trial location. The parties
are to fill in the blanks for proposed dates, bearing in mind
that the time allowed for discovery is generally 120 to 180
days from the date of the Rule 16 Initial Scheduling
Conference. The Court will determine actual case management
deadlines after considering the parties' requests.
Plaintiff, or Defendant in removed cases, is responsible for
electronically filing the JSR by June 15, 2017.
may not modify case management deadlines on their own. Good
cause must be shown and the Court's written approval
obtained for any modification of the case management
deadlines that the Court establishes at the scheduling
16 Scheduling Conference will be conducted by telephone on
June 22, 2017, at 2:00 p.m. Parties shall call Judge
Garza's Meet Me line at 505.348.2693 to be connected to
the proceedings. This line can only accommodate up to five
telephone lines, including the Court's; if the parties
anticipate that they will exceed this capacity, they must
contact the Court immediately so that alternative
arrangements may be made. Upon agreement, the parties may
request that the Rule 16 Scheduling Conference be held in
conference, counsel and any pro se parties must be
prepared to discuss all claims and defenses, initial
disclosures, discovery requests and scheduling, issues
relating to the disclosure, discovery, or preservation of
electronically-stored information, the timing of expert
disclosures and reports under Rule 26(a)(2), and the use of
scientific evidence and whether it is anticipated that a
Daubert  hearing will be needed. We will also
discuss settlement prospects and alternative dispute
resolution possibilities. Lead counsel and parties appearing
pro se must participate unless excused by the Court.
Parties represented by counsel need not attend.
Daubert v. Merrell Dow
509 U.S. 579 ...