Tierra Blanca Ranch High Country Youth Program et al. v. Felipe Gonzales

Filing 122

TRIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Jury selection and trial set for July 22, 2019 to August 2, 2019 beginning each day at 08:30 AM in Las Cruces - 480 Picacho Courtroom (South Tower). Final Pretrial Conference set for July 8, 2019 at 10:00 AM in Las Cruces - 480 Picacho Courtroom (South Tower). (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TIERRA BLANCA RANCH HIGH
COUNTRY YOUTH PROGRAM;
SCOTT CHANDLER; COLETTE
CHANDLER; and BRYCE HALL,
Plaintiffs,
v.

No. 2:15-cv-00850-KRS-GBW

FELIPE GONZALES,
Defendant.

TRIAL SCHEDULING ORDER
THIS MATTER comes before the Court following a telephonic trial scheduling
conference held on October 2, 2018. As reflected in the record, the Court hereby sets the
following dates and deadlines:
A Pretrial Conference shall be held on July 8, 2019 at 10:00 a.m. in the Picacho
Courtroom at the United States District Courthouse, 100 N. Church St., Las Cruces, NM, 88001.
All attorneys participating in the trial must be present for the pretrial conference unless
permission for telephonic appearance has been obtained from the Court. The parties may, but
need not, be present.
Jury Selection and Jury Trial will begin on July 22, 2019 at 8:30 a.m. in the Picacho
Courtroom. Counsel are directed to submit a proposed consolidated final pretrial order 1 as
follows:
Plaintiffs to Defendant: on or before May 3, 2019
1

A template pretrial order form is available from the District’s website at www.nmd.uscourts.gov/forms/pretrialorder-pdf

Defendant to the Court: on or before May 17, 2019.
The pretrial order shall provide that no witness, except rebuttal witnesses whose testimony
cannot be anticipated, will be permitted to testify unless the witness is identified in a witness list
filed no later than thirty (30) days prior to the date set for trial. Any exceptions thereto must be
upon order of the Court for good cause shown.
Motions in Limine: All motions in limine 2 shall be filed on or before May 31, 2019.
Any response to a Motion in Limine shall be filed on or before June 14, 2019.
Witness Lists: The parties shall file their witness lists on or before June 7, 2019. The
lists must disclose witnesses that the parties “will call” as well as witnesses that they “may call”
at trial. Any objections to a witness named by an opposing party must be filed by June 14, 2019.
Designations and Counter-Designations of Deposition Testimony: On or before June
7, 2019, counsel for each party shall file a pleading designating, by deposition transcript page(s)
and line number(s), the deposition testimony that the party intends to offer into evidence at trial.
In the event that a party designates deposition testimony that will or may be offered into
evidence at trial, then on or before June 14, 2019, any other party may counter-designate, by
deposition transcript page(s) and line number(s), any other portion of the deposition testimony
that should be offered into evidence pursuant to Federal Rule of Evidence 106. The deposition
designation requirement does not apply to the use of a deposition to impeach the testimony of a
witness who testifies in person at the trial, or to rebuttal testimony offered through deposition
testimony.
On or before June 14, 2019, counsel shall jointly submit one physical copy of each
deposition transcript that contains testimony that will or may be offered into evidence at trial to
2

Motions challenging the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993) are not motions in limine. Daubert motions shall be filed no later than the dispositive motions
deadline.

the Court’s chambers, with the parts of the deposition(s) that are to be offered into evidence
highlighted. To this end, Plaintiff will use a yellow marker and Defendants will use a blue
marker to highlight the portions of the deposition transcript that they each have designated. As
an alternative to jointly submitting a physical copy of a deposition to the Court with the
designated portions of the deposition highlighted, the parties may jointly submit the deposition to
the Court in PDF format, with the respective portions of the deposition highlighted, by emailing
the PDF document to [e-mail]. Any objections to deposition testimony
designated or counter-designated by an opposing party shall be filed on or before June 21, 2019.
In the event a party wishes to make further designations or counter-designations of deposition
testimony, other than those designations made in conformance with the procedure set forth
above, the party shall first seek permission from the Court.
Exhibits: On or before June 7, 2019 the parties shall jointly file a list of exhibits that
the parties stipulate may be admitted into evidence without objection. On or before June 14,
2019 each party shall file a list containing the exhibits that the party will or may offer into
evidence, other than those exhibits for which the parties have stipulated to the admission into
evidence. On or before June 21, 2019 the parties shall jointly submit a physical copy of all
exhibits to the Court’s chambers. The exhibits shall be divided into two notebooks. One
notebook shall include all exhibits, labeled consecutively, that the parties stipulate may be
admitted into evidence without objection. The other notebook shall include all exhibits the
parties have not stipulated may be admitted into evidence, labeled consecutively beginning with
the next sequential number after the final stipulated exhibit designation. For instance, if there are
fifty (50) stipulated exhibits, twenty (20) contested plaintiff’s exhibits, and twenty (20) contested
defendants’ exhibits, one notebook shall contain stipulated exhibits numbered 1 to 50. The

other notebook shall contain plaintiffs’ contested exhibits numbered 51 through 70 and
defendants’ contested exhibits numbered 71 through 90.
On or before May 31, 2019 each party shall send a list of their proposed exhibits to the
opposing party in order to allow sufficient time for a party to determine whether to object to the
admission of an exhibit.
Statement of the Case: On or before June 27, 2019 the parties shall file a consolidated
clear, concise statement of the case to be read by the Court to the jury at the beginning of trial. If
Counsel are unable to agree to a consolidated statement of the case, they shall file separate
statements of the case. The parties shall meet on or before June 20, 2019 and confer about the
statement of the case.
Jury Instructions: On or before June 20, 2019 the parties shall meet and confer to
discuss proposed jury instructions. Plaintiff shall file a set of requested jury instructions upon
which all of the parties agree. Requested instructions upon which the parties cannot agree must
be filed separately by the requesting party. There shall be only one instruction per page and each
instruction shall include a citation to supporting authority at the bottom of the page. On or
before June 27, 2019 all requested jury instructions shall be filed. On that same day, the parties
shall also email a copy of the requested jury instructions in Word format, without citations, to
[e-mail]. On or before July 1, 2019 a party shall file a pleading setting
forth any objections to an opposing party’s requested instructions.
IT IS SO ORDERED.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE