United States District Court, D. New Mexico
ORDER SETTING PRETRIAL DEADLINES AND BRIEFING
HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE.
Court held a second Rule 16 scheduling conference with the
parties on March 5, 2018. Having conferred with the parties
and considered their arguments, the Court now enters a
scheduling order tailored to the peculiar facts and
procedural posture of this case.
the scheduling conference, the United States indicated its
intent to file an early motion to dismiss based on what it
contends is the deficient nature of Plaintiff's
complaint. Given the threshold nature of such a motion, the
possibility that it could be granted, and the further
possibility that Plaintiff could be ordered to file an
amended complaint to cure any deficiencies, the Court ORDERS
the United States to file its motion not later than April 4,
Court further ORDERS a 120-day discovery period to commence
upon either of two events: (1) the denial by the presiding
judge of the United States' motion to dismiss; or (2) the
filing by Plaintiff of an amended complaint that withstands
any further motion(s) to dismiss.
event that the presiding judge authorizes or requires
Plaintiff to file an amended complaint, the deadline
established by the presiding judge for doing so shall
control. In the absence of any such deadline, however, the
deadline for Plaintiff to amend his complaint to include
joining additional parties is June 1, 2018. The deadline for
Defendant to amend its answer and/or join additional parties
is June 15, 2018.
the 120-day discovery period, each side shall be limited to
serving twenty-five (25) interrogatories, twenty-five (25)
requests for admission, and twenty-five (25) requests for
production on the other side. Responses shall be served
within thirty (30) days. Depositions shall be limited to four
(4) per side. There shall be a four-hour limit on
depositions, except for parties, which shall be limited to
seven hours. These time limits may be extended by agreement
of all 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). Plaintiff shall identify to Defendants
in writing any expert witness to be used by Plaintiff at
trial and provide expert reports or other disclosures
pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) &
(C) no later than August 15, 2018. Defendants shall identify
in writing any expert witness to be used at trial and provide
expert reports or other disclosures pursuant to Federal Rule
of Civil Procedure 26(a)(2)(B) & (C) no later than
September 4, 2018.
the termination date of the 120-day discovery period,
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 discovery.
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 fourteen
(14) days after the close of discovery. 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 twenty-eight (28)
days after the close of discovery. 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.
are directed to submit a consolidated final pretrial order as
follows: Plaintiff to Defendant forty-five (45) days after
the pretrial motion deadline; Defendant to Court sixty (60)
days after the pretrial motion deadline. Counsel 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 ...