United States District Court, D. New Mexico
CORNICHE CAPITAL, LLC; NM GAS HOLDINGS 1, LLC; NM GAS HOLDINGS 2, LLC; and DE LiqNM LLC; Plaintiffs/Counter-defendants;
W & N ENTERPRISES, INC.; Defendant/Counterclaimant.
STEPHAN M. VIDMAR United States Magistrate Judge
MATTER is before the Court on a telephonic Rule 16 scheduling
conference, held on July 24, 2017. The parties' Joint
Status Report and Provisional Discovery Plan [Doc. 25] 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 “standard” (180-day) track
shall be allowed until September 5, 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 September 18, 2017, to join additional parties
and amend the pleadings (in compliance with the requirements
of Fed.R.Civ.P. 15(a)).
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 November 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 December 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 January 22, 2018, 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 35 interrogatories and 35 requests for
production per side. 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. Depositions
of parties and experts will be limited to 8 hours, unless
extended by agreement of the parties. The pendency of
dispositive motions shall not stay discovery.
relating to discovery shall be filed with the Court and
served on opposing parties by February 12, 2018. 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 February 22,
2018.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: Plaintiffs to Defendant on or before April 9, 2018;
Defendant to Court on or before April 23, 2018.
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