United States District Court, D. New Mexico
LEE HUNT, as Personal Representative for the Wrongful Death estate of Ariza Barreras; and GABRIELLE VALDEZ, as guardian ad litem for T.B. and F.B., minor children, Plaintiffs,
STEPHANIE CROWNOVER; LEAH MONTANO; GWENDOLYN GRIFFIN; KIM CHAVEZ-BUIE; MICHELLE HILL; LORA VALDEZ, all in their personal capacities, acting under color of state law; and THE NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT, 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 October
21, 2019 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. 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 October 25, 2019.
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
October 30, 2019 at 10:00 a.m.Counsel and
parties pro se shall call (888) 398-2342 and
enter access code 8193818 to be connected to
the telephonic Rule 16 scheduling conference. At the 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 conference.
service on all parties is not complete, Plaintiff(s)
appearing through counsel or pro se is/are 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
www.nmd.uscourts.gov/forms from the drop-down
 If counsel or parties wish to appear
in person at the scheduling conference, please advise the
undersigned's chambers at least 48 hours prior to the
scheduling conference. If counsel or parties are going to
appear in person at the scheduling conference, you will
appear at the United States District Courthouse, Picacho
Courtroom, Room 480, 4th floor, 100 N. ...