Lough v. BNSF Railway Company

Filing 69

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 68 Defendant's Motion to Extend Expert Disclosure Deadline. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PAUL LOUGH,
Plaintiff,
v.

No. 16-cv-0338 JCH/SMV

BNSF RAILWAY COMPANY,
Defendant.
ORDER GRANTING DEFENDANTS’ MOTION
TO EXTEND EXPERT DISCLOSURE DEADLINE
THIS MATTER is before the Court on Defendant’s Motion to Extend Defendant’s
Expert Disclosure Deadline [Doc. 68], filed on June 1, 2018. Plaintiff has not responded, and the
time for doing so has passed. See D.N.M.LR-Civ. 7.4(a) (“A response must be served and filed
within fourteen (14) calendar days after service of the motion.”). Pursuant to Local Rule 7.1(b),
“[t]he failure of a party to file and serve a response in opposition to a motion within the time
prescribed for doing so constitutes consent to grant the motion.” Accordingly, Plaintiff is
deemed to have consented to the motion being granted.1
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Defendant’s
Motion to Extend Defendant’s Expert Disclosure Deadline [Doc. 68] is GRANTED.
Defendant’s expert disclosure deadline is extended to July 1, 2018.
IT IS SO ORDERED.
_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge
1

Defendant indicates that Plaintiff’s counsel did not respond to its request for concurrence. [Doc. 68] at 2.