Jacquez v. Bannister et al
SCHEDULING ORDER by Magistrate Judge Stephan M. Vidmar. Discovery terminates August 30, 2017. Pretrial Motions due by September 29, 2017. Proposed Pretrial Order due to the Court by November 28, 2017. (sg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. 16-cv-0973 MCA/SMV
TODD BANNISTER, SHAWN FUNK,
LEZLIE DUCKETT, KAY YOUNGMAN,
COMPANIES, INC., and CORRECT CARE
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference, held
on February 1, 2017. The parties’ Joint Status Report and Provisional Discovery Plan [Doc. 23]
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 March 15, 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 March 29, 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 July 3, 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 August 2, 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 August 30, 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 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 pendency of dispositive motions shall not stay discovery.
Motions relating to discovery shall be filed with the Court and served on opposing parties
by September 19, 2017. See D.N.M.LR-Civ. 7 for motion practice requirements and timing of
See also Blodgett v. United States, No. 2:06-CV-00565 DAK, 2008 WL 1944011, at *5 (D. Utah May 1, 2008).
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.”).
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 September 29, 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 November 14, 2017; Defendants to Court on or before November 28,
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
IT IS SO ORDERED.
STEPHAN M. VIDMAR
United States Magistrate Judge
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