United States District Court, D. New Mexico
INITIAL SCHEDULING ORDER
CARMEN 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 September 19,
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 September 26,
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
Tuesday, October 3, 2017, at 2:30 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 person.
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.
IS SO ORDERED.
Daubert v. Merrell Dow
Pharmaceuticals, 509 U.S. 579 ...