Haaland et al v. Presbyterian Health Plan, Inc. et al
SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. Joint Status Report due by 5/18/2017. Rule 16(c) Hearing set for 5/25/2017 at 03:00 PM. (jlr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
BRANELDA SUE HAALAND,
individually and as Personal Representative
of the Estate of Billie Jo Hall, deceased, et al.,
Civ. No. 16-1199 KBM/GJF
PRESBYTERIAN HEALTH PLAN, INC., et al.,
In light of the presiding judge’s Memorandum Opinion and Order Denying Remand
(ECF No. 24), it is now incumbent on this Court to implement a schedule and set discovery
limitations that will control the remainder of the pretrial proceedings in this case. As always, the
Federal Rules of Civil Procedure, as amended, as well as the Local Rules of the Court will apply
to this lawsuit.
The parties, appearing through counsel or pro se, will “meet and confer” no later than
May 11, 2017, to formulate a provisional discovery plan. FED. R. CIV. P. 26(f). The time
allowed for discovery is generally 120 to 150 days. The parties will cooperate in preparing a
Joint Status Report and Provisional Discovery Plan (“JSR”) which follows the sample JSR
available at the Court’s website. 1 The blanks for suggested/proposed dates are to be filled in by
the parties. Actual dates will be promulgated by order of the court shortly after entry of the JSR.
Plaintiff, or Defendant in removed cases, is responsible for filing the JSR by May 18, 2017.
Good cause must be shown and the Court’s express and written approval obtained for any
modification of the dates in the scheduling order that issue from the JSR.
Please visit the Court’s web site at www.nmcourt.fed.us to download the standardized Joint Status Report and
Provisional Discovery Plan form.
Initial disclosures under Federal Rule of Civil Procedure 26(a)(1) shall be made within
fourteen (14) days of the meet-and-confer session.
A Rule 16 scheduling conference will be conducted by telephone on May 25, 2017, at
3:00 PM. Parties shall call Judge Fouratt’s “Meet Me” line 2 at (505) 348-2695 to be connected
to the proceedings.
At the Rule 16 scheduling conference, counsel will be prepared to discuss discovery
needs and scheduling, all claims and defenses, the use of scientific evidence and whether a
Daubert 3 hearing is needed, initial disclosures, and the time of expert disclosures and reports
under Federal Rule of Civil Procedure 26(a)(2). We will also discuss settlement prospects and
alternative dispute resolution possibilities and consideration of consent pursuant to 28 U.S.C. §
636(c). Client attendance is not required. If 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
Pre-trial practice in this case shall be in accordance with the foregoing.
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
For the convenience of the parties, the Court will conduct many hearings and conferences by telephone. The
Court's teleconference line has a limited number of external connections. Therefore, by default, each side may use a
maximum of two telephone lines from which to call in. If unanimous, the parties may agree to a different division.
If a side wishes to have more people participate than they have available connections, they may have persons share
one telephone via a speakerphone or set up a separate teleconference that they then connect to the Court's line.
Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).
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