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Contreras v. The Dona Ana County Board of County Commissioners

United States District Court, D. New Mexico

June 20, 2018

KATHY CONTRERAS, on behalf of her minor child A.L., Plaintiff,
v.
THE DONA ANA COUNTY BOARD OF COUNTY COMMISSIONERS d/b/a DONA ANA COUNTY DETENTION CENTER, et al., Defendants.

          ORDER SETTING PRETRIAL DEADLINES AND BRIEFING SCHEDULE

          THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE.

         The Court held a Rule 16 initial scheduling conference on June 19, 2018. The Joint Status Report filed by Plaintiff, after consultation with the parties, is adopted as an order of the Court, except as provided below.

         The deadline for Plaintiff to amend pleadings and/or join additional parties is July 2, 2018. The deadline for Defendant to amend pleadings and/or join additional parties is August 2, 2018.

         Plaintiff shall be limited to serving forty (40) interrogatories total to all Defendants, while Defendants may collectively serve thirty (30) interrogatories upon Plaintiff. Plaintiff shall be limited to serving forty (40) requests for production total to all Defendants, while Defendants may collectively serve thirty (30) requests for production upon Plaintiff. Responses shall be served within thirty (30) days. Depositions shall be limited to fifteen (15) per side. There shall be a four-hour limit on all depositions, unless extended by agreement of all parties.

         All 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 Defendant 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 July 30, 2018. Defendant 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 August 15, 2018.

         The termination date for discovery is January 22, 2019, 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 discovery.

         Motions 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 31, 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.[1]

         Pretrial motions, other than discovery motions, shall be filed with the Court and served on opposing parties by February 22, 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.

         If 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.

         Motion 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.

         Counsel are directed to submit a consolidated final pretrial order as follows: Plaintiff to Defendant on or before April 5, 2019; Defendant to Court on or before April 19, 2019. 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 than thirty (30) days prior to the time set for trial. Any exceptions thereto must be upon order of the Court for good cause shown.

         IT IS SO ORDERED.

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