Wagner v. New Mexico Corrections Department et al

Filing 24

ORDER by Chief Magistrate Judge Carmen E. Garza granting 22 Defendants' Motion to Extend Expert Disclosure Deadline. (crc)

Case 1:20-cv-01337-KWR-CG Document 24 Filed 09/08/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BRANDON WAGNER,
Plaintiff,
v.

No. CV 20-1337 KWR/CG

NEW MEXICO CORRECTIONS
DEPARTMENT, WARDEN DANIEL SALAZAR,
And WEXFORD HEALTH SOURCES, Inc.,
Defendant.
SECOND ORDER EXTENDING EXPERT DISCLOSURE DEADLINE
THIS MATTER is before the Court on the Defendants’ Motion for Extension of
Time to Complete Defendants’ Federal Rule of Civil Procedure 26(a)(2) Disclosures (the
“Motion”), (Doc. 22), filed August 23, 2021. The Court previously extended Defendants’
expert disclosure deadline for one week, to August 23, 2021. See (Doc. 21). In the
Motion, Defendants explain that, “[o]n the morning of August 23, 2021, Counsel for
defendant Wexford Health Sources, Inc. learned that Defendants’ expert had
inadvertently mis-calendared the deadline for this report for August 30, 2021.” (Doc. 22
at 2). Thus, Defendants request a further one-week extension of the expert disclosure
deadline. Defendants indicate they attempted to obtain concurrence from Plaintiff via
phone and email but received no response other than an automated “out of office”
email. Id.
Plaintiff has filed no response to the Motion, and the time for doing so has now
passed. See D.N.M. LR-Civ. 7.4 (“A response must be served and filed within fourteen
(14) calendar days after service of the motion.”); see also D.N.M. LR-Civ. 7.1 (“The
failure of a party to file and serve a response in opposition to a motion within the time

Case 1:20-cv-01337-KWR-CG Document 24 Filed 09/08/21 Page 2 of 2

prescribed for doing so constitutes consent to grant the motion.”). Therefore, the Court,
having reviewed the Motion and noting it is unopposed, finds the Motion is well-taken
and shall be GRANTED.
IT IS THEREFORE ORDERED that the Court’s Scheduling Order, (Doc. 10),
shall be modified to extend the date by which Defendants shall provide their expert
reports pursuant to Fed. R. Civ. P. 26(a)(2)(B) to August 30, 2021. All other deadlines
contained in the Court’s Scheduling Order, (Doc. 10), remain in effect unless amended
by further order of the Court.
IT IS SO ORDERED.
________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE