Galarza-Rios v. OptumCare New Mexico, LLC
SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Discovery due by 4/12/2021. Pretrial motions due by 5/13/2021. Proposed Pretrial Order due to the Court by 7/12/2021. (crc)
Case 1:20-cv-00813-WJ-CG Document 11 Filed 10/14/20 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DR. XIMENA P GALARZA-RIOS, MD,
No. CV 20-813 WJ/CG
OPTUMCARE NEW MEXICO, LLC,
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 “180-day” discovery track. Accordingly, the
termination date for discovery is April 12, 2021, and 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. This deadline shall be construed to require that
discovery be completed on or before the above date.
Before moving for an order relating to discovery, the parties may request a
conference with the Court in an attempt to resolve the dispute. 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 discovery.
Case 1:20-cv-00813-WJ-CG Document 11 Filed 10/14/20 Page 2 of 3
Motions 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 May 3, 2021. See D.N.M.LR-Civ. 7 for motion practice requirements and
timing of responses and replies. This deadline shall not be construed to extend the
twenty-day time limit in D.N.M.LR-Civ. 26.6.
Plaintiffs shall identify to all parties in writing any expert witness to be used by
Plaintiffs at trial and to provide expert reports pursuant to Fed. R. Civ. P. 26(a)(2)(B) no
later than January 29, 2021. All other parties shall identify in writing any expert witness
to be used by such parties at trial and to provide expert reports pursuant to Fed. R. Civ.
P. 26(a)(2)(B) no later than March 1, 2021.
Pretrial motions, other than discovery motions, shall be filed with the Court and
served on the opposing party by May 13, 2021. See D.N.M.LR-Civ. 7 for motion
practice requirements and timing of responses and replies. Any pretrial motions, other
than discovery motions, filed after the above dates shall, in the discretion of the Court,
be considered untimely. If 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 D.N.M.LR-Civ. 10.6.
Plaintiffs shall have until November 13, 2020, to join additional parties and to
amend the pleadings. Defendants shall have until December 14, 2020, to join additional
parties and to amend the pleadings.
Counsel are directed to file a consolidated final Pretrial Order as follows:
Plaintiffs to Defendants on or before June 28, 2021; Defendants to Court on or before
July 12, 2021. Counsel are directed that the Pretrial Order will provide that no
Case 1:20-cv-00813-WJ-CG Document 11 Filed 10/14/20 Page 3 of 3
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 cause shown
IT IS SO ORDERED.
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE
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