Olveda et al v. Cibola County Board of Commissioners et al
TRIAL MANAGEMENT ORDER: by Magistrate Judge Kevin R. Sweazea. Jury Trial and Selection set for August 9, 2021 at 09:00 AM in Albuquerque, location to be determined. Final Pretrial Conference set for July 20, 2021 at 09:00 AM in Albuquerque, location to be determined. (atc)
Case 1:20-cv-00029-KRS-JHR Document 53 Filed 10/13/20 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RUEBEN OLVEDA, on his own behalf and
as Next Friend of M.O., a child, et al.,
No. 1:20-cv-029 KRS/JHR
CIBOLA COUNTY BOARD
OF COMMISSIONERS, et al.,
TRIAL SCHEDULING ORDER
THIS MATTER comes before the Court following a telephonic trial scheduling
conference held on October 13, 2020. As reflected in the record, the Court hereby sets the
following dates and deadlines:
A Pretrial Conference shall be held on July 20, 2021 at 9:00 a.m. All attorneys
participating in the trial must be present for the pretrial conference. The parties may, but need
not, be present. Jury Selection and Jury Trial will begin on August 9, 2021 at 9:00 a.m. The
Pretrial Conference, Jury Selection, and Jury Trial will be held at the United States Courthouse
in Albuquerque, New Mexico. Once the exact location is known at the courthouse in
Albuquerque, the Court will inform the parties by separate order.
Counsel are directed to submit a proposed consolidated final pretrial order as follows:
Plaintiffs to Defendants: April 15, 2021;
Defendants to the Court: May 3, 2021.
Counsel are further directed that the pretrial order shall provide that no witness, 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
Page 1 of 4
Case 1:20-cv-00029-KRS-JHR Document 53 Filed 10/13/20 Page 2 of 4
the time set for trial. Any exceptions thereto must be upon order of the Court for good cause
Motions in Limine: All motions in limine1 are due by June 14, 2021. Any responses or
objections are due by June 28, 2021.
Witness Lists: The parties shall file their witness lists by June 22, 2021. The lists must
disclose witnesses that the parties “will call” as well as witnesses that they “may call” at trial.
Any objections to a witness named by the opposing party must be filed by July 6, 2021.
Designations and Counter-Designations of Deposition Testimony: The parties shall
file designations and counter-designations of deposition testimony that they intend to use at trial.
The designations and counter-designations must state the pages and lines of the deposition to be
used. To this end, Plaintiff will use a yellow marker and Defendants will use a blue marker.
These requirements do not apply to cross-examination or rebuttal of a witness presented in
person at trial. Designations must be filed by June 28, 2021. Counsel must jointly submit one
physical copy of each deposition to my chambers by this due date and must highlight the parts
of the depositions that are to be used. Any objections to testimony designated by the opposing
party and/or any counter-designations must be filed by July 6, 2021. If the parties wish to make
further designations in light of the designations and counter-designations, leave for additional
designations must be requested from the Court at the pretrial conference.
Exhibits: The parties shall jointly file one list of stipulated exhibits and shall separately
file lists of contested exhibits no later than July 6, 2021. They shall also jointly submit physical
copies of marked exhibits to my chambers by the next business day. The exhibits shall be
Motions challenging the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993) are not motions in limine. Daubert motions shall be filed no later than the dispositive motions
Page 2 of 4
Case 1:20-cv-00029-KRS-JHR Document 53 Filed 10/13/20 Page 3 of 4
divided into two notebooks. The first notebook shall include any and all exhibits that the parties
stipulate to be admissible. These exhibits shall be labeled consecutively. The second notebook
shall include any and all contested exhibits. These exhibits shall be labeled consecutively
beginning with the next sequential number after the final stipulated exhibit designation. For
instance, if there are fifty (50) stipulated exhibits, twenty (20) contested plaintiff’s exhibits, and
twenty (20) contested defendants’ exhibits, the first notebook shall contain stipulated exhibits
numbered 1 to 50. The second notebook shall contain plaintiffs’ contested exhibits numbered 51
through 70 and defendants’ contested exhibits numbered 71 through 90.
In order to allow sufficient time for a party to decide whether to contest the admission of
an exhibit, each party must send a list of their proposed exhibits to the opposing party no later
than June 28, 2021.
Statement of the Case: No later than July 6, 2021, the parties shall file a consolidated
clear, concise statement of the case to be read by the Court to the jury at the beginning of trial. If
Counsel are unable to agree to a consolidated statement of the case, they shall file separate
statements of the case. The parties shall meet and confer about the statement of the case no later
than June 28, 2021.
Jury Instructions: The parties shall meet and confer about proposed jury instructions no
later than June 28, 2021. Plaintiff is responsible for filing a set of requested jury instructions to
which all of the parties agree. Requested instructions upon which the parties cannot agree must
be filed separately by the requesting party. There shall be only one instruction per page and each
instruction shall include a citation to supporting authority at the bottom of the page. All such
filings are due July 6, 2021. On that same day, the parties shall also email a copy of the
instructions in Word format, without citations, to firstname.lastname@example.org. A
Page 3 of 4
Case 1:20-cv-00029-KRS-JHR Document 53 Filed 10/13/20 Page 4 of 4
party must file written objections to an opposing party’s requested instructions no later than July
IT IS SO ORDERED.
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Page 4 of 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?