Argonaut-Midwest Insurance Company v. Gallegos, Sr.
INITIAL SCHEDULING ORDER: by Magistrate Judge Lourdes A. Martinez. Joint Status Report due by 3/13/2017. Scheduling Conference set for 3/22/2017 at 10:00 AM before Magistrate Judge Lourdes A. Martinez. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. CIV 16-0540 JCH/LAM
MANUEL GALLEGOS, SR.,
Defendant/Counter Claimant/Third-Party Plaintiff,
INITIAL SCHEDULING ORDER
This case is assigned to me for scheduling, case management, discovery and all
non-dispositive motions. The Federal Rules of Civil Procedure, as amended, as well as the Local
Rules of the Court apply to this lawsuit. Civility and professionalism will be required of counsel.
Counsel should read “A Lawyer’s Creed of Professionalism of the State Bar of New Mexico.”
The parties, appearing through counsel or pro se, will “meet and confer” no later than
March 6, 2017, 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 Fed. R. Civ. P. 26(a)(1); (4) preserving discoverable information,
including electronically stored information; and (5) the formulation of a provisional discovery
plan. Fed. R. Civ. P. 26(a)(1) and (f). In formulating a provisional discovery plan, counsel and
pro se parties should meaningfully discuss: (1) 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; (2) any issues about the disclosure, discovery, or preservation of
electronically stored information, including the form(s) in which it should be produced; (3) 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; (4) 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 (5)
the facts and the law governing the case to which the parties are willing to stipulate.
Pursuant to Fed. R. Civ. P. 26(d)(2), the parties may deliver discovery requests under
Fed. R. Civ. P. 34 prior to the “meet and confer” date; however, those requests are not
considered to have been served until the first “meet and confer” session.
Initial disclosures under Fed. R. Civ. P. 26(a)(1), that have not already been made,
shall be made within fourteen (14) days of the meet-and-confer session. The parties are
advised to strictly follow the letter and spirit of Fed. R. Civ. P. 26(a)(1) in preparing their initial
disclosures. 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 Fed. R. Civ. P. 26(a)(1) at the Rule 16 Initial
The parties will cooperate in preparing a Joint Status Report and Provisional Discovery
Plan (“JSR”) which follows the sample JSR available at the Court’s web site.1 All attorneys
Pursuant to Administrative Order No. 06-173, the JSR replaces and supersedes the Provisional Discovery
Plan and the Initial Pretrial Report, effective January 2, 2007.
Please visit the Court’s web site,
www.nmcourt.fed.us to download the standardized Joint Status Report and Provisional Discovery Plan form.
must show their complete mailing address(es) 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 blanks for suggested/proposed dates are to
be filled in by the parties, bearing in mind that the time allowed for discovery is generally 120 to
150 days and will run from the date of the Rule 16 Initial Scheduling Conference. The Court
will determine actual case management deadlines after consideration of the parties’ requests.
Plaintiff (or Defendant in removed cases) is responsible for electronically filing the JSR no later
than March 13, 2017.
Parties may not modify case management deadlines on their own. Good cause must be
shown, and the Court’s express and written approval obtained, for any modification of the dates
in the scheduling order that issue from the JSR.
A Rule 16 Initial Scheduling Conference will be held by telephone on Wednesday,
March 22, 2017 at 10:00 a.m. (Trailing Docket – please be available 15 minutes prior to the
start of this hearing). The Court shall initiate the call - if counsel will be at a phone
number that is different than the one listed on the Court’s docket, please notify Judge
Martinez’ chambers by 11:00 a.m. the day before the hearing. The Court’s phones can
only accommodate up to six telephone lines, including the Court’s. If the parties anticipate
that they will exceed this capacity, they must contact the Court immediately so that
alternative arrangements may be made. Counsel shall be prepared to discuss the following:
discovery needs and scheduling, all claims and defenses, the use of scientific evidence and
whether a Daubert hearing is needed (see Daubert v. Merrell Dow Pharmaceuticals,
509 U.S. 579 (1993)), initial disclosures, and the timing of expert disclosure and reports under
Fed. R. Civ. P. 26(a)(2). We will also discuss settlement prospects and alternative dispute
resolution possibilities. Client attendance is not required. Pre-trial practice in this cause shall be
in accordance with the foregoing.
IT IS THEREFORE ORDERED that the parties shall:
Meet and confer by:
March 6, 2017
File their JSR with the Court by:
March 13, 2017
Provide Initial disclosures by:
March 20, 2017
Attend telephonic Rule 16 Initial Scheduling Conference:
March 22, 2017 at 10:00 a.m.
IT IS SO ORDERED.
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE
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