United States District Court, D. New Mexico
WILLIAM RAGER, individually and on behalf of similarly situated persons, Plaintiff,
PECOS VALLEY PIZZA, INC. and BRIAN BAILEY, Defendants.
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 August
20, 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. As this
is a class/collective action suit, the parties shall also
propose deadlines concerning class issues including, but not
limited to, disclosure of, and reports from, class action
experts; Plaintiff(s)' motion for class certification;
and Defendant's response to the motion for class
certification. 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
September 3, 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
September 12, 2018 at 10:00
a.m. Counsel and parties pro se shall call
(505) 348-2694 to be connected to the
conference. The referenced conference telephone line can only
accommodate up to five (5) 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 (4) 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, appearing
through counsel or pro se, is 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