Mathis v. New Mexico Children Youth & Families Department et al

Filing 9

INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by February 3, 2023. The parties' Joint Status Report and Provisional Discovery Plan is due by February 14, 2023. A Telephonic Rule 16 Initial Scheduling Conference is set for February 24, 2023, at 10:30 a.m. before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at [phone] and enter the code 7324132 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court, a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than February 17, 2023. (nlb)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
Eugenio Mathis,
Plaintiff,
v.

Civ. No. 22-930 SCY/KK

The New Mexico Children, Youth, and Families
Department, et al.,
Defendants.
INITIAL SCHEDULING ORDER
This case is assigned to me for scheduling, case management, discovery, and all other
non-dispositive motions. Counsel and pro se parties are required to comply with the Local Civil
Rules of the United States District Court for the District of New Mexico, as well as the Federal
Rules of Civil Procedure. Civility and professionalism are required of counsel throughout this
litigation. Counsel must comply with the State Bar of New Mexico’s “Creed of Professionalism.”
Counsel and any pro se parties will “meet and confer” no later than Friday, February 3,
2023, to discuss: (1) the nature and bases of their claims and defenses; (2) the possibility of a
prompt resolution or settlement; (3) making or arranging for complete initial disclosures as
required by Rule 26(a)(1); (4) preserving discoverable information; and, (5) the formulation of a
provisional discovery plan. Fed. R. Civ. P. 26(a)(1), (f). In formulating a provisional discovery
plan, counsel and pro se parties should meaningfully discuss: (i) the subjects on which discovery
may be needed, when discovery should be completed, and whether discovery should be
conducted in phases or limited to particular issues; (ii) any issues about the disclosure, discovery,
or preservation of electronically stored information, including the form(s) in which it should be

Case 1:22-cv-00930-SCY-KK Document 9 Filed 01/18/23 Page 2 of 4

produced; (iii) any issues about claims of privilege or confidentiality of materials, including
exploring whether the parties can agree on a procedure to assert these claims and whether they
will ask the Court to include any agreement in an order;1 (iv) whether any changes should be
sought to the limitations on discovery imposed by the Federal Rules of Civil Procedure or the
Local Civil Rules; and, (v) the facts and the law governing the case to which the parties are
willing to stipulate.
Pursuant to Rule 26(d)(2), the parties may deliver requests for production under Rule 34
before the “meet and confer” date. Fed. R. Civ. P. 26(d)(2). However, such requests are not
considered to have been served until the first “meet and confer” session. Id.
Initial disclosures under Rule 26(a)(1) must be made within fourteen (14) days of the
“meet and confer” session, unless a different time is set by stipulation or court order. The
parties are advised to strictly follow the letter and spirit of Rule 26(a)(1) in preparing their initial
disclosures. Fed. R. Civ. P. 26(a)(1). Initial disclosures are intended to accelerate the exchange of
core information about the case and eliminate the need for formal discovery at the early stages of
litigation. See 1993 Advisory Committee Notes to Fed. R. Civ. P. 26(a)(1). The parties must seek
to meet these objectives in making their initial disclosures and should be prepared to explain how
they have fully complied with their obligations under Rule 26(a)(1) at the Initial Scheduling
Conference.
The parties will cooperate in preparing a Joint Status Report and Provisional Discovery
Plan (“JSR”) which follows the sample JSR form available on the United States District Court
1

If the parties intend to ask the Court to include any agreement regarding confidentiality of materials in an
order, they are instructed to review the “Guidelines for Proposed Protective Orders Submitted to Judge Khalsa”
available under the “Procedures” tab at http://www.nmd.uscourts.gov/content/honorable-kirtan-khalsa before
drafting a proposed stipulated order to submit to the Court.

2

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for the District of New Mexico’s website. All attorneys must show their complete mailing
address and telephone number(s) under the “Appearances” section of the JSR. Do not indicate
witnesses’ addresses as “in care of” an attorney’s office. The city or town of residence of each
witness must be included so that the trial judge can consider that information in determining the
trial location. The parties are to fill in the blanks for proposed dates, bearing in mind that the
time allowed for discovery is generally 120 to 150 days from the date of the Initial Scheduling
Conference. The Court will determine actual case management deadlines after considering the
parties’ requests. Plaintiff, or Defendant2 in removed cases, is responsible for electronically
filing the JSR by Tuesday, February 14, 2023.
Parties may not modify case management deadlines on their own. Good cause must be
shown and the Court’s express, written approval obtained for any modification of the case
management deadlines that the Court establishes at the scheduling conference.
A Rule 16 Initial Scheduling Conference will be held by telephone on Friday, February
24, 2023, at 10:30 a.m. MT. Counsel and any pro se parties are to call the Court’s AT&T
conference line at [phone] and enter the code 7324132 to connect to the proceedings. At
the conference, counsel and any pro se parties must be prepared to discuss all claims and
defenses, initial disclosures, discovery requests and scheduling, issues relating to the disclosure,
discovery, and preservation of electronically-stored information, the timing of expert disclosures
and reports under Rule 26(a)(2), and the use of scientific evidence and whether it is anticipated
that a Daubert3 hearing will be needed. We will also discuss settlement prospects, alternative

2

Herein, the terms “Plaintiff” and “Defendant” encompass both singular and plural meanings.

3

Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

3

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dispute resolution possibilities, and consideration of consent pursuant to 28 U.S.C. § 636(c).
Lead counsel and parties appearing pro se must participate unless excused by the Court. Parties
represented by counsel need not attend. Pursuant to Local Rule 73.1(b), the Court hereby extends
the deadline for the parties to voluntarily consent to the assigned presiding United States
Magistrate Judge to Friday, February 17, 2023. D.N.M. LR-Civ. 73.1(b).
IT IS SO ORDERED.
____________________________________
KIRTAN KHALSA
UNITED STATES MAGISTRATE JUDGE

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