Argonaut-Midwest Insurance Company v. Gallegos, Sr.

Filing 31

SCHEDULING ORDER: by Magistrate Judge Lourdes A. Martinez. Amended Pleadings due by 5/19/2017. Discovery due by 9/22/2017. Joinder of Parties due by 5/19/2017. Pretrial Motions due by 11/3/2017. Proposed Pretrial Order due to the Court by 2/5/2018. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ARGONAUT-MIDWEST
INSURANCE COMPANY,
Plaintiff/Counter Defendant,
v.

No. CIV 16-0540 JCH/LAM

MANUEL GALLEGOS, SR.,
Defendant/Counter Claimant/Third-Party Plaintiff,
v.
WESTERN STATES
INSURANCE COMPANY,
Third-Party Defendant.

SCHEDULING ORDER
THIS MATTER came before the Court on a telephonic Rule 16 Initial Scheduling
Conference held on March 22, 2017. Following a review of the parties’ Joint Status Report and
Provisional Discovery Plan, and after conferring with counsel, the Court adopts the Joint Status
Report and Provisional Discovery Plan modified as follows:
a)

Maximum of twenty-five (25) Interrogatories, including all discrete subparts, by
each party to any other party (responses due 30 days after service);

b)

Maximum of twenty-five (25) Requests for Admission by each party to any other
party (responses due 30 days after service);

c)

Maximum of seven (7) depositions by Plaintiff(s) and seven (7) depositions by
each Defendant(s); and

d)

Depositions of named parties and experts are limited to 7 hours, unless extended by
agreement of the parties; depositions other than of named parties and experts are
limited to 4 hours unless extended by agreement of the parties.

The following case management deadlines have been set:
a)

Deadline for Mr. Gallegos to amend pleadings or add additional parties on the
Counter Claim and Third-Party Complaint, pursuant to Fed. R. Civ. P. 15, which
may require opposing party’s written consent or leave of Court:
April 21, 2017

b)

Deadline for Argonaut- Midwest and Western States to amend
pleadings or add additional parties pursuant to Fed. R. Civ. P. 15, which may
require opposing party’s written consent or leave of Court:
May 19, 2017

c)

Argonaut-Midwest’s Rule 26 (a)(2) expert disclosure1 on the
Declaratory Complaint:

June 23, 2017

d)

Mr. Gallegos’ Rule 26 (a)(2) expert disclosure on the Declaratory Complaint,
Counter Claim and Third-Party Complaint:
July 24, 2017

e)

Argonaut-Midwest’s and Western States’ Rule 26 (a)(2) expert disclosure on the
Counter Claim and Third-party Complaint:
August 25, 2017

f)

Termination date for discovery:

g)

Motions relating to discovery to be filed by:

h)

Pretrial motions other than discovery motions (including
motions which may require a Daubert hearing) filed by:

h)

September 22, 2017

Pretrial Order: Plaintiff(s) to Defendant(s) by:
Defendant(s) to Court by:

October 13, 2017

November 3, 2017
January 22, 2018
February 5, 2018

Any extension of the case management deadlines must be approved by the Court. Any
requests for additional discovery must be submitted to the Court by motion prior to the expiration
of the discovery deadline. These deadlines shall be construed to require that discovery be
1

All expert witnesses must be disclosed by this date, but only those who are retained or specifically employed
to provide expert testimony must submit an expert report. See Fed. R. Civ. P. 26(a)(2)(B); Musser v. Gentiva Health
Servs., 356 F.3d 751 (7th Cir. 2004); Farris v. Intel Corp., 493 F.Supp. 2d 1174 (D.N.M. 2007), and Blodgett v. United
States, 2008 WL 1944011 (D. Utah). Expert witnesses not required to provide a written report must provide a
summary disclosure under Rule 26(a)(2)(C) by this date. The parties must have their expert(s) ready to be deposed at
the time they identify them and provide their reports.

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completed on or before the above date. Service of interrogatories or requests for production shall
be considered timely only if the responses are due prior to the deadline. A notice to take
deposition shall be considered timely only if the deposition takes place prior to the deadline. The
pendency of dispositive motions shall not stay discovery. The deadline for motions relating to
discovery (including, but not limited to, motions to compel and motions for protective order) shall
not be construed to extend the twenty-one (21) day time limit in D.N.M. LR-Civ. 26.6. See
D.N.M. LR-Civ. 7 for motion practice requirements and timing of responses and replies. If
documents are attached as exhibits to motions, affidavits or briefs, those parts of the exhibits that
counsel want to bring to the attention of the Court must be highlighted in accordance with D.N.M.
LR-Civ. 10.6. Counsel are directed that the Pretrial Order will provide that no witnesses except
rebuttal witnesses whose testimony cannot be anticipated, will be permitted to testify unless the
name of the witness is furnished to the Court and opposing counsel no later than thirty (30) days
prior to the time set for trial. Any exceptions thereto must be upon order of the Court for good
cause shown.
IT IS SO ORDERED.

__________________________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE

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