Desiderio v. United States of America et al

Filing 59

ORDER by Magistrate Judge Kevin R. Sweazea denying without prejudice 58 Motion to Vacate Scheduling Order Deadlines. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CARMELITA M. DESIDERIO,
Personal Representative of the
Estate of PHILLIP R. CURLEY, deceased,
Plaintiff,
v.

No. 1:23-cv-57 WJ/KRS

THE UNITED STATES OF AMERICA;
JANELLE D. JONES, M.D.; and
JOY G. HARRISON, M.D.,
Defendants.
ORDER DENYING WITHOUT PREJUDICE
MOTION TO VACATE SCHEDULING ORDER DEADLINES
THIS MATTER is before the Court on Defendant Jones’ Unopposed Motion to Vacate
Scheduling Order Deadlines, (Doc. 58), filed February 6, 2024. Defendant Jones asks the Court
to vacate the parties’ remaining deadlines in the Scheduling Order, (Doc. 42), as well as the
deadline for Plaintiff’s 26(a)(2) disclosures, and to set another scheduling conference to reset the
deadlines. The parties do not state why they are asking to vacate their pretrial deadlines, other
than stating that “further discovery is necessary including the depositions of the parties, key
witnesses, and expert witnesses.” (Doc. 58) at 1. The parties fail to explain why they cannot
meet the March 29, 2024 discovery deadline, and they do not state how much of an extension
they are seeking. The Court declines to vacate the pretrial deadlines in this case and denies the
Motion without prejudice. Any future motions for extension of the pretrial deadlines must set
forth good cause for the extension and specify how much additional time is sought.
IT IS SO ORDERED.
___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE