United States District Court, D. New Mexico
INITIAL SCHEDULING ORDER
R. SWEAZEA, UNITED STATES MAGISTRATE JUDGE.
MATTER is before the Court sua sponte
following the November 22, 2017 memorandum opinion and order
granting Defendant MGM Resorts International's renewed
motion to dismiss. [Doc. 67]. Although the Court dismissed
Defendant MGM as a party, Defendant UMR remains in the action
and has not sought dispositive relief from the Court. As a
result, there is no longer good cause to delay issuance of a
parties, appearing through counsel or pro se, shall
“meet and confer” no later than December
4, 2017, to formulate a provisional discovery plan.
See Fed. R. Civ. P. 26(f). As part of this
process, the parties are reminded that Federal Rule of Civil
Procedure 26(f) requires them to exchange views on the
“disclosure, discovery, or preservation of
electronically stored information, including the form or
forms in which it should be produced.” The parties have
an attendant duty to preserve all electronically stored
information that may be discoverable in this case.
time allowed for discovery is generally 120 to 180 days. The
parties will cooperate in preparing a Joint Status Report
and Provisional Discovery Plan (“JSR”) that
follows the sample available on the Court's
website. The blanks for suggested/proposed dates in
the JSR are to be filled in by the parties. Actual dates will
be promulgated by order of the Court to be entered after the
Rule 16 scheduling conference scheduled pursuant to this
order. Plaintiff, or Defendant in cases which have been
removed from State District Court, is responsible for filing
the JSR by December 11, 2017.
disclosures by a party pursuant to Federal Rule of Civil
Procedure 26(a)(1) shall be made within fourteen days after
the meet-and-confer session.
telephonic Rule 16 scheduling conference will be conducted on
December 21, 2017 at 2:30 p.m. Counsel and
parties pro se shall call (505) 348-2694 to
be connected to the telephonic Rule 16 scheduling conference.
The referenced conference telephone line can only accommodate
up to five telephone calls at once, including the call-in to
the telephone conference by the Court. In the event the
number of calls into the telephonic scheduling conference
will exceed four from counsel and parties, counsel or parties
pro se must contact the Court immediately so that alternative
arrangements can be made.
Rule 16 scheduling conference, counsel and parties pro se
should be prepared to discuss discovery needs and scheduling,
all claims and defenses, the use of scientific evidence,
whether a Daubert hearing is necessary, initial
disclosures, and the time of expert disclosures and reports
under Federal Rule of Civil Procedure 26(a)(2). The Court,
counsel and parties pro se will also discuss settlement
prospects and alternative dispute resolution possibilities.
In addition, the scheduling conference participants will
address consideration of consent by the parties to a United
States Magistrate Judge presiding over dispositive
proceedings, including motions and trial, pursuant to 28
U.S.C. § 636(c). Parties represented by counsel may, but
are not required to, attend the telephonic scheduling
service on all parties is not complete, Plaintiff(s)
appearing through counsel or pro se is/are responsible for
notifying all parties of the content of this order.
cause must be shown and the express written approval obtained
from the Court for any modifications of the dates in the
scheduling order that issues from the JSR.
practice in this case shall be in accordance with the above.
IS SO ORDERED.
 Pursuant to Administrative Order No.
06-173, the JSR replaces and supersedes the Provisional
Discovery Plan and the Initial Pretrial Report, effective
January 2, 2007. The standardized Joint Status Report and
Provisional Discovery Plan is available at