United States District Court, D. New Mexico
STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on an in-person Rule 16 scheduling
conference, held on August 18, 2017. The parties' Joint
Status Report and Provisional Discovery Plan [Doc. 15] 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 classification.
shall be allowed until September 26, 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 October 10,
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 December 18,
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
January 17, 2018. 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 February 14,
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 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 pendency of
dispositive motions shall not stay discovery.
relating to discovery shall be filed with the Court and
served on opposing parties by March 6, 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 March 16,
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 considered untimely.
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 Defendant on or before May 1,
2018; Defendant to Court on or before May
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
IS SO ORDERED.