Rhines v. Standley et al

Filing 23

SCHEDULING ORDER: by Magistrate Judge Carmen E. Garza. All Discovery shall be completed by 1/2/2018. Pretrial Motions are due by 2/2/2018. Proposed Pretrial Order due to the Court by 4/3/2018. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
J.R., a minor, by and through
Jennifer Rhines, her next friend
and mother, et al.,
Plaintiffs,
v.

CV No. 17-0431 RB/CG

CHRIS STANDLEY, et al.,
Defendants.
SCHEDULING ORDER
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 “180-day” discovery track classification. Accordingly, the
termination date for discovery is January 2, 20187, 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. Before moving for an order relating to discovery,
the parties may request a conference with the Court in an attempt to resolve the dispute.
Service of interrogatories or requests for production shall be considered timely only if the
responses are due prior to the deadline. 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 (including, but not limited to, motions to compel and
motions for protective order) shall be filed with the Court and served on opposing parties
by January 23, 2018. See D.N.M.LR-Civ. 7 for motion practice requirements and timing
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of responses and replies. This deadline shall not be construed to extend the twenty-day
time limit in D.N.M.LR-Civ. 26.6.
Plaintiff shall identify to all parties in writing any expert witness to be used by
Plaintiff at trial and to provide expert reports pursuant to FED. R. CIV. P. 26(a)(2)(B) no
later than October 31, 2017. All other parties shall identify in writing any expert witness to
be used by such parties at trial and to provide expert reports pursuant to FED. R. CIV.
P. 26(a)(2)(B) no later than November 30, 2017.
Pretrial motions, other than discovery motions, shall be filed with the Court and
served on opposing party by February 2, 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.
Plaintiff shall have until August 7, 2017, to join additional parties and to amend the
pleadings. Defendant shall have until September 6, 2017, to join additional parties and to
amend the pleadings.
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
Defendant on or before March 20, 2018; Defendant to Court on or before April 3, 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 thirty
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(30) days prior to the time set for trial. Any exceptions thereto must be upon order of the
Court for good cause shown.
IT IS SO ORDERED.

_______________________________
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE

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