United States District Court, D. New Mexico
ORDER SETTING PRETRIAL DEADLINES AND BRIEFING
GREGORY J. FOURATT, UNITED STATES MAGISTRATE JUDGE
Court held a Rule 16 initial scheduling conference on
January 19, 2018. The Joint Status Report
filed by Defendants, after consultation with the parties, is
adopted as an order of the Court, except as provided below.
deadline for Plaintiffs and Defendants to amend pleadings
and/or join additional parties is July 9,
2018. The Court DENIES
Defendants' request to impose a stay on discovery after
six months, and DENIES Defendants'
request to bifurcate discovery on this matter.
discovery purposes, the two Plaintiffs are considered a
single party. The federal Defendants, in contrast, will be
considered two separate parties, one in the form of the
Environmental Protection Agency (“EPA”) and the
other a single entity comprised of the Department of Defense
(“DOD”) and the National Guard Bureau
(“NGB”). Each party shall be limited to
serving twenty-five (25) interrogatories to another party,
each party shall be limited to serving twenty-five
(15) requests for admission to another party, and each
party shall be limited to serving twenty-five (25)
requests for production to the other side. Responses shall be
served within thirty (30) days. Depositions shall be limited
to fifteen (15) for fact witnesses per party. There
shall be a seven-hour limit on all depositions of the
parties, unless extended by agreement of both parties.
expert witnesses must be disclosed by the parties, even if
the expert is not required to submit an expert report. See
Musser v. Gentiva Health Servs., 356 F.3d 751,
756-57 (7th Cir. 2004); Fed.R.Civ.P. 26(a)(2)(B) & (C);
D.N.M.LR-Civ. 26.3(b). The Plaintiffs and the EPA shall
identify to the other parties in writing any expert witness
to be used at trial and will provide expert reports or other
disclosures pursuant to Federal Rule of Civil Procedure
26(a)(2)(B) & (C) no later than July 11,
2018. The DOD and NGB shall identify to the other
parties in writing any expert witness to be used at trial,
will provide expert reports or other disclosures pursuant to
Federal Rule of Civil Procedure 26(a)(2)(B) & (C), and
shall serve any rebuttal reports to those submitted by the
Plaintiffs no later than August 10, 2018.
Plaintiffs shall serve any rebuttal reports to those
submitted by DOD and NGB no later than September 7,
2018. All parties will serve any supplemental
reports to the other parties no later than October 5,
termination date for discovery is December 31,
2018, and discovery shall not be reopened, 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 or requests for production shall be
considered timely only if the responses are due prior to the
deadline. 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
relating to discovery (including, but not limited to, motions
to compel and motions for protective order) shall be filed
with the Court and served on opposing parties by
January 14, 2019. Local Rule of Civil
Procedure 7 provides motion practice requirements and timing
of responses and replies. This deadline shall not be
construed to extend the twenty-day time limit in Local Rule
of Civil Procedure 26.6.
motions, other than discovery motions, shall be filed with
the Court and served on opposing parties by April 30,
2019. Local Rule of Civil Procedure 7 shall also
control their form and timing. Any pretrial motions, other
than discovery motions, filed after the above dates may be
considered untimely in the discretion of the Court.
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 Local Rule of Civil Procedure 10.6.
practice must be conducted in accordance with the local
rules. In particular, the Court would highlight Local Rule of
Civil Procedure 7.4, which provides that response and reply
deadlines “may be extended by agreement of all parties.
For each agreed extension, the party requesting the extension
must file a notice identifying the new deadline and the
document (response or reply) to be filed. If an extension of
time is opposed, the party seeking the extension must file a
separate motion within the applicable fourteen (14) day
period.” D.N.M.LR-Civ. 7.4(a). Of course, any extension
of briefing time must not interfere with the case management
deadlines established herein. Id.
IS SO ORDERED.
 Of course, Federal Rules of Civil
Procedure 26(c)(1) and 37(a)(1) require parties to “in
good faith confer or attempt to confer” prior to
filing such motions. The mere imminence of the twenty-day
time limit does not excuse this obligation, so parties must
initiate the attempts to confer promptly to ensure they have
sufficient time to adequately discuss the dispute.
Nonetheless, if the parties are actively ...