United States District Court, D. New Mexico
JACK VAN WINKLE, on behalf of himself and all others similarly situated, Plaintiff,
CHEVRON USA, Defendant.
INITIAL SCHEDULING ORDER
R. SWEAZEA, UNITED STATES MAGISTRATE JUDGE
case is before the Court for scheduling, case management,
discovery, and other non-dispositive matters. The Federal
Rules of Civil Procedure, as amended, as well as the Local
Rules of the Court, will apply to this lawsuit.
parties, appearing through counsel or pro se, shall
“meet and confer” no later than July 12,
2018, 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. Because
Plaintiff seeks class and/or collective action status, the
parties shall provide the following information in the JSR in
addition to completing all other portions of the
(a) Whether they contemplate discovery in separate
phases for class (and/or collective) certification purposes
and the merits.
(b) If so, specific dates for:
(1) Termination of discovery related to class
(2) Disclosure of Plaintiff's expert report on
class (collective) certification
(3) Disclosure of Defendant's expert report on
class (collective) certification
(4) Filling of Plaintiff's motion for class
(collective) certification; Defendant's response; and
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 July 19, 2018.
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
July 24, 2018 at 10:00 am. Counsel and
parties pro se shall call (505) 348-2694 to
be connected to the telephonic Rule 16 scheduling conference.
This 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 Dauberthearing 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