Nicholas v. Windstream Communications, LLC
Rule 16 SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Discovery due by 12/1/2017. Motions relating to discovery due by 1/15/2017. All other motions due by 1/15/2018. Proposed Pretrial Order due to Court by 3/22/2018. (cbf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
This matter is before the Court following a telephonic Rule 16 scheduling conference
held on June 28, 2017. At the hearing, the Court adopted the parties’ proposed Joint Status
Report and Provisional Discovery Plan, except for minor modifications discussed on the record
and included in the dates below.
Accordingly, it is ORDERED that the parties shall follow the following discovery plan:
(a) Maximum of 25 interrogatories per party to the other party with responses due 30
days after service.
(b) Maximum of 15 requests for admission per party to the other party with responses
due 30 days after service.
(c) The Court will not limit requests for production with the caveat that any party may
seek relief in the event the other party’s number of requests become unreasonable or
(d) Maximum of eight (8) depositions by each party. Depositions shall not exceed four
(4) hours expect for Ed Hernandez or as otherwise extended by the parties’ agreement
during the deposition.
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It is further ORDERED that the following case management deadlines shall govern:
(a) Deadline for Plaintiff to amend her pleadings pursuant to Federal Rule of Civil
Procedure 15: August 1, 2017;
(b) Deadline for Defendant to amend its pleadings pursuant to Federal Rule of Civil
Procedure 15: August 15, 2017;
(c) Deadline for Plaintiff to join additional parties pursuant to Federal Rule of Civil
Procedure 15: August 15, 2017;
(d) Deadline for Defendant to join additional parties pursuant to Federal Rule of Civil
Procedure 15: August 31, 2017;
(e) Plaintiff’s expert-disclosure deadline: October 2, 2017;
(f) Defendant’s expert-disclosure: November 1, 2017;
(g) Deadline for supplementing discovery/disclosures: 30 days before pretrial order is
(h) Termination of discovery: December 1, 2017;
(i) Motions relating to discovery: December 15, 2017;
(j) All other motions: January 15, 2018;
(k) Pretrial order:
Plaintiff to Defendant by: March 15, 2018;
Defendant to Court by: March 22, 2018.
It is further ORDERED that the Court must approve any changes to the timing or scope
of discovery, other than the parties’ agreement to extend the length of a deposition beyond four
hours made during the deposition in question. Requests by a party to change the timing or scope
of discovery, other than a mutual agreement to extend a deposition reached during the
deposition, must be made by motion and before the termination of discovery or the expiration of
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any applicable deadline. Discovery must be completed on or before the termination of the
discovery deadline. A written discovery request must be propounded by a date so that the
response to that request shall be due on or before the discovery deadline. The parties are further
reminded that the cutoff for motions related to discovery does not relieve the party of the 21-day
time period under Local Rule 26.6 to challenge a party’s objections to answering discovery. The
parties are encouraged to review Federal Rule of Procedure 26(a)(2) to ensure they properly
disclose all testifying witnesses, not just those for whom a report is required.
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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