Marshall v. Lea Regional Hospital, Inc. et al

Filing 29

SCHEDULING ORDER by Magistrate Judge Stephan M. Vidmar. Discovery terminates October 19, 2017. Pretrial Motions due by November 20, 2017. Proposed Pretrial Order due to the Court by January 19, 2018. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
WILLIS MARSHALL,
Plaintiff,
v.

No. 16-cv-0887 GBW/SMV

LEA REGIONAL HOSPITAL, INC.;
BILL WEHNER; and COMPASS ONE, LLC;
Defendants.
SCHEDULING ORDER
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference, held
on March 23, 2017. The parties’ Joint Status Report and Provisional Discovery Plan [Doc. 24] is
adopted, except as modified below.
In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in
compliance with the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. § 473(a)(1), this
case is assigned to a “complex” (210-day) track classification.
Plaintiff shall be allowed until May 4, 2017, to join additional parties and amend the
pleadings (in compliance with the requirements of Fed. R. Civ. P. 15(a)). Defendants shall be
allowed until May 18, 2017, to join additional parties and amend the pleadings (in compliance
with the requirements of Fed. R. Civ. P. 15(a)).
The parties must disclose every expert witness who is expected to testify, even if the
expert is not required to submit an expert report.

See Fed. R. Civ. P. 26(a)(2)(B)–(C);

D.N.M.LR-Civ. 26.3(b).1 Plaintiff shall identify to all parties in writing any expert witness to be
used by Plaintiff at trial and provide expert reports pursuant to Fed. R. Civ. P. 26(a)(2)(B) or
summary disclosures under Rule 26(a)(2)(C)2 no later than August 21, 2017. All other parties
shall identify in writing any expert witness to be used by such parties at trial and provide expert
reports pursuant to Fed. R. Civ. P. 26(a)(2)(B) or summary disclosures under Rule 26(a)(2)(C) no
later than September 21, 2017.

Rebuttal experts disclosed pursuant to Fed. R. Civ. P.

26(a)(2)(D)(ii) shall be disclosed within 30 days after the other party’s disclosure.
The termination date for discovery is October 19, 2017, and discovery shall not be
reopened, nor shall case management deadlines be modified, except by an order of the Court
upon a showing of good cause. This deadline shall be construed to require that discovery be
completed on or before the above date. Service of interrogatories, requests for production, and
requests for admission shall be considered timely only if the responses are due prior to the
deadline. The parties will be permitted 25 requests for production by each party to any other
party. The Court will not limit the number of requests for admission served by each party at this
time. A notice to take deposition shall be considered timely only if the deposition takes place
prior to the deadline. The parties will be permitted five depositions per side—that is, five

1

See also Blodgett v. United States, No. 2:06-CV-00565 DAK, 2008 WL 1944011, at *5 (D. Utah May 1, 2008).

2

Summary disclosures are, under certain circumstances, required of treating physicians. Farris v. Intel Corp., 493
F. Supp. 2d 1174, 1180 (D.N.M. 2007) (Treating physicians who do not submit Rule 26 expert reports may only
testify “based on . . . personal knowledge and observations obtained during [the] course of care and treatment[.]”);
Blodgett, 2008 WL 1944011, at *5 (“[T]reating physicians not disclosed as experts are limited to testimony based on
personal knowledge and may not testify beyond their treatment of a patient.”).

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depositions by Plaintiff and five depositions by Defendants collectively.

The pendency of

dispositive motions shall not stay discovery.
Motions relating to discovery shall be filed with the Court and served on opposing parties
by November 8, 2017. See D.N.M.LR-Civ. 7 for motion practice requirements and timing of
responses and replies. This deadline shall not be construed to extend the 21-day time limit in
D.N.M.LR-Civ. 26.6 (Party served with objection to discovery request must file motion to
compel within 21 days of service of objection. Failure to file motion within 21 days constitutes
acceptance of the objection.).
Pretrial motions, other than discovery motions, shall be filed with the Court and served
on opposing parties by November 20, 2017.

See D.N.M.LR-Civ. 7 for motion practice

requirements and timing of responses and replies. Any pretrial motions, other than discovery
motions, filed after the above dates shall, in the discretion of the Court, be considered untimely.
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 to file a consolidated final Pretrial Order as follows: Plaintiff to
Defendants on or before January 5, 2018; Defendants to Court on or before January 19, 2018.
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 30 days prior to the time
set for trial. Any exceptions thereto must be upon order of the Court for good cause shown.
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IT IS SO ORDERED.

______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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