Alonso v. Barham et al

Filing 46

STATUS REPORT ORDER by Magistrate Judge Stephan M. Vidmar. Counsel for Defendant Barham must file a status report no later than February 21, 2019. (jcm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JUAN CARLOS ALONSO,
Plaintiff,
v.

No. 16-cv-0903 MV/SMV

JULIE BARHAM and
CHILDREN, YOUTH AND FAMILIES
DEPARTMENT,
Defendants.
ORDER FOR STATUS REPORT
THIS MATTER is before the Court sua sponte. Discovery in this matter is stayed until
further order of the Court. [Doc. 35] at 1. Plaintiff moved to lift the stay on January 11, 2019.
[Doc. 41]. Defendant Children, Youth and Families Department responded on January 28, 2019,
[Doc. 44], and Defendant Barham responded on February 1, 2019. [Doc. 45]. Both Defendants
cite Defendant Barham’s alleged incompetence to stand trial in a related state criminal case as a
reason to continue the stay. See [Doc. 44] at 2; [Doc. 45] at 1–3. In Defendant Barham’s
Response, she stated that “[a] status hearing on the competency issue [in state court] is scheduled
for February 19, 2019.” [Doc. 45] at 1. Counsel for Defendant Barham must therefore file a
thorough and detailed status report no later than February 21, 2019, stating the results of the status
hearing and/or whether Defendant Barham is still considered incompetent to stand trial in
New Mexico state court.
IT IS SO ORDERED.
_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge