United States District Court, D. New Mexico
ORDER SETTING PRETRIAL DEADLINES AND BRIEFING
HONORABLE GREGORY J. FOURATT, UNITED STATES MAGISTRATE JUDGE.
Court held a Rule 16 initial scheduling conference on
May 3, 2019. The Joint Status Report is
adopted as an order of the Court, except as provided below.
deadline for Plaintiff to amend pleadings and/or join
additional parties is August 1, 2019. The
deadline for Defendants to amend pleadings and/or join
additional parties is August 15, 2019.
may serve twenty-five (25) interrogatories, twenty-five (25)
requests for admission, and seventy-five (75) requests for
production on each Defendant. Each Defendant may serve the
same number on Plaintiff and on each other. Responses shall
be served within thirty (30) days. Depositions shall be
limited to fifteen (15) per side. Depositions
witnesses are limited to seven (7) hours, unless extended by
agreement among all counsel.
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 May 3,
2020. 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 October
1, 2020. The parties shall supplement expert witness
disclosures no later than November 2, 2020.
termination date for discovery is December 1,
2020. 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
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
December 15, 2020. 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-one-day 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 January
29, 2021. 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 Defendants on or before March
15, 2021; Defendants to Court on or before
March 29, 2021. 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
IS SO ORDERED.