Garcia v. State Farm Insurance Company et al

Filing 24

Rule 16 SCHEDULING ORDER by Magistrate Judge Kevin R. Sweazea. Discovery due by September 5, 2025. Dispositive Motions due by October 6, 2025. Consult order for additional deadlines. (ldm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LORENZO GARCIA,
Plaintiff,
v.

No. 1:24-cv-1286-KK-KRS

STATE FARM INSURANCE COMPANY,
and RANDY CARNEY,
Defendants.
SCHEDULING ORDER
THIS MATTER comes before the Court following a telephonic Rule 16 scheduling
conference held on March 12, 2025. At the hearing, the Court adopted the parties’ Amended Joint
Status Report and Provisional Discovery Plan, with slight modifications, as reflected in the dates
below:
Accordingly, IT IS HEREBY ORDERED that the parties shall adhere to the following
discovery plan:
(a)

Maximum of thirty (30) interrogatories by side each party to any other party, with

responses due thirty (30) days after service.
(b)

Maximum of thirty (30) requests for admission by each party to any other party,

with responses due thirty (30) days after service.
(c)

Maximum of thirty (30) requests for production of documents by each party, to any

other party, with responses due thirty (30) days after service.
(d)

Maximum of seven (7) depositions by each side, limited (other than parties and

experts) to four (4) hours unless extended by agreement of the parties

Scheduling Order
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IT IS FURTHER ORDERED that the following case management deadlines shall
govern:
(a)

Deadline for Plaintiff to move to amend pleadings or join additional parties: April

4, 2025;
(b)

Deadline for Defendants to move to amend pleadings or join additional parties:

April 11, 2025.
(c)

Deadline for Plaintiff’s expert reports: June 30, 2025.1

(d)

Deadline for Defendants’ expert reports: July 31, 2025.

(e)

Termination of discovery: September 5, 2025.

(f)

Motions relating to discovery: September 25, 2025.

(g)

Deadline for supplementing discovery/disclosures: Due within thirty (30) days

of receipt of information giving rise to the need for supplementation.
(h)

All other motions:2 October 6, 2025.

(i)

Pretrial order: To be set by the presiding judge.

IT IS FURTHER ORDERED that the Court must approve any changes to the timing or
scope of discovery, other than the parties’ agreement to extend the length of a deposition made
during the deposition in question. Requests by a party to change the timing or scope of discovery,
other than a mutual agreement to extend a deposition reached during the deposition, must be made
1

The parties must have their experts ready to be deposed at the time they identify them and produce
their reports.

2

This deadline applies to motions related to the admissibility of experts or expert testimony that
may require a Daubert hearing, but otherwise does not apply to motions in limine. The Court will
set a motions in limine deadline in a separate order. Counsel should review and comply with the
chambers-specific guidelines for the presiding and referral judges assigned to this case, which are
available at https://www.nmd.uscourts.gov/judges. Each judge may have practices and submission
procedures that counsel are expected to follow.
Scheduling Order
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by motion and before the termination of discovery or the expiration of any applicable deadline.
Discovery must be completed on or before the termination of the discovery deadline. A written
discovery request must be propounded by a date which ensures that the response to that request is
due on or before the discovery deadline. The parties are further reminded that the cutoff for
motions related to discovery does not relieve the party of the twenty-one (21) day time-period
under Local Rule 26.6 to challenge a party’s objections to answering discovery. The parties are
encouraged to review Federal Rule of Civil Procedure 26(a)(2) to ensure they properly disclose all
testifying witnesses, not just those for whom a report is required.
SO ORDERED THIS 12th day of March 2025.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

Scheduling Order
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