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Favela v. Las Cruces Police Department

United States District Court, D. New Mexico

November 1, 2018

RUBEN O. FAVELA Plaintiff,
v.
LAS CRUCES POLICE DEPARTMENT, MATTHEW DOLLAR, MANUEL SOTO, PHC-LAS CRUCES, INC., DANIELLE WILHELM, JAMES PROCTOR, JAMIE PITTS, JOSE REVELES, CASSANDRIA BRANCH, and JOHN DOES 1-2, Defendants.[1]

          SCHEDULING ORDER

          STEPHAN M. VIDMAR, UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER is before the Court on an in-person Rule 16 scheduling conference held on October 31, 2018. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 49] is adopted, except as modified below. The Court will permit discovery as follows:

1. 50 Interrogatories per side;
2. 50 Requests for Production per side;
3. No limit on the number of Requests for Admission served by each party at this time;[2]
4. 12 depositions per side;
5. Depositions limited to 4 hours on the record unless extended by agreement of the parties, except depositions of parties and experts, which are limited to 7 hours on the record unless extended by agreement of the parties.

         In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in compliance with the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. § 473(a)(1), this case is assigned to a “complex” (240-day) track classification. The Court sets the following case management deadlines:

Plaintiff moves to amend the pleadings or join additional parties by [3]:

December 12, 2018

Defendant moves to amend the pleadings or join additional parties by3:

December 28, 2018

Plaintiff discloses experts and provides expert reports or summary disclosures by [4]:

April 29, 2019

Defendant discloses experts and provides expert reports or summary disclosures by4:

May 29, 2019

Termination of discovery:

June 28, 2019

Motions relating to discovery filed by [5]:

July 18, 2019

Pretrial motions other than discovery motions filed by:

July 29, 2019

Proposed Pretrial Order due from Plaintiff to Defendant by:

September 13, 2019

Proposed Pretrial Order due from Defendant to Court by [6]:

September 27, 2019

         Discovery shall not be reopened, nor shall case management deadlines be modified, except by an order of the Court upon a showing of good cause. Discovery must be completed on or before the discovery deadline. Accordingly, service of written discovery is timely only if the responses are due prior to the discovery deadline. A notice to take deposition is timely only if the deposition takes place prior to the discovery deadline. The pendency of dispositive motions does not stay discovery.

         IT IS SO ORDERED.

---------

Notes:

[1] Defendant Las Cruces Police Department was voluntarily dismissed from the case pursuant to Fed.R.Civ.P. 41(a) on May 30, 2017. [Doc. 3]. The Court granted summary judgment in favor of Defendants Matthew Dollar and Manuel Soto and ...


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