Mccarty v. Spire Recovery Solutions, LLC

Filing 11

SCHEDULING ORDER: by Magistrate Judge Jerry H. Ritter. Deadlines for pleading amendments, completion of discovery, discovery motions, and pretrial motions set within. (sjl)

Case 1:22-cv-00519-DHU-JHR Document 11 Filed 11/17/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NICKIE McCARTY,
Plaintiff,

v.

1:22-cv-00519-DHU-JHR

SPIRE RECOVERY SOLUTIONS, LLC,
Defendant.

ORDER SETTING CASE MANAGEMENT DEADLINES
AND DISCOVERY PARAMETERS
THIS MATTER came before the Court on a Rule 16 scheduling conference held on
November 17, 2022. Following a review of the attorneys’ Joint Status Report and Provisional
Discovery Plan, and after conferring with counsel, the Court will permit the following
discovery:
a)

Maximum of twenty-five (25) Interrogatories per party;

b)

Maximum of twenty-five (25) Requests for Production per party;

c)

Maximum of twenty-five (25) Requests for Admission per party;

d)

Maximum of three (3) depositions by Plaintiff and two (2) depositions by Defendant.

e)

Depositions of all witnesses limited to seven (7) hours duration unless otherwise
agreed by the parties.

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.

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Case 1:22-cv-00519-DHU-JHR Document 11 Filed 11/17/22 Page 2 of 2

The Court has set the following management deadlines:
a)

Deadline for Plaintiffs to move to
amend pleadings/add additional parties 1:

November 30, 2022

b)

Deadline for Defendant to move to
amend pleadings/add additional parties1:

December 30, 2022

c)

Termination date for discovery:

June 30, 2023

d)

Motions relating to discovery to be filed by:

July 7, 2023

e)

Pretrial motions other than discovery motions (including
motions which may require a Daubert hearing) filed by: 2

August 11, 2023

Pursuant to Federal Rule of Civil Procedure 16(b)(3)(B)(v), “before moving for an
order relating to discovery, the movant must request a conference with the court” to attempt to
informally resolve the dispute. Discovery motions that fail to conform to this requirement
may be summarily denied. Any extension of the case management deadlines must be
approved by the Court. Any requests for additional discovery must be submitted to the Court
by motion prior to the expiration of the discovery.

___________________________________
HON. JERRY H. RITTER
UNITED STATES MAGISTRATE JUDGE

Federal Rule of Civil Procedure 16 requires that the Court set a deadline for amendment of pleadings and
joinder of parties. A party seeking to amend the pleadings after the above dates must both demonstrate good
cause to amend the scheduling order as required by Federal Rule of Civil Procedure 16(b) and satisfy the
requirements for amendment under Federal Rule of Civil Procedure 15(a). See, e.g., Gorsuch Ltd., B.C. v. Wells
Fargo Nat. Bank Ass’n, 771 F.3d 1230, 1242 (10th Cir. 2014).

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This deadline applies to motions related to the admissibility of experts or expert testimony that may require
Daubert hearing, but otherwise does not apply to motions in limine. The presiding judge will set a deadline for
the submission of motions in limine and other trial-related deadlines in a separate order.
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