Corniche Capital LLC et al v. W & N Enterprises, Inc.

Filing 30

SCHEDULING ORDER by Magistrate Judge Stephan M. Vidmar. Discovery terminates January 22, 2018. Pretrial Motions due by February 22, 2018. Proposed Pretrial Order due to the Court by April 23, 2018. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

CORNICHE CAPITAL, LLC; NM GAS
HOLDINGS 1, LLC; NM GAS HOLDINGS 2, LLC;
and DE LiqNM LLC;
Plaintiffs/Counter-defendants;

v.

No. 17-cv-0106 MCA/SMV

W & N ENTERPRISES, INC.;
Defendant/Counterclaimant.

SCHEDULING ORDER
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference, held
on July 24, 2017. The parties’ Joint Status Report and Provisional Discovery Plan [Doc. 25] 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 “standard” (180-day) track classification.
Plaintiffs shall be allowed until September 5, 2017, to join additional parties and amend
the pleadings (in compliance with the requirements of Fed. R. Civ. P. 15(a)). Defendant shall be
allowed until September 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 Plaintiffs shall identify to all parties in writing any expert witness to
be used by Plaintiffs 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 November 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 December 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 January 22, 2018, 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 35 interrogatories and 35 requests for production per
side. 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. Depositions of parties and experts will be limited to 8 hours, unless

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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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extended by agreement of the parties. 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 February 12, 2018. 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 party by February 22, 2018.

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: Plaintiffs to
Defendant on or before April 9, 2018; Defendant to Court on or before April 23, 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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