Craft v. City of Hobbs Police Department et al

Filing 65

SCHEDULING ORDER by Magistrate Judge Stephan M. Vidmar. Discovery terminates July 2, 2019. Pretrial Motions due by August 1, 2019. Proposed Pretrial Order due to the Court by September 30, 2019. (jcm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AL-RASHAAD R. CRAFT,
Plaintiff,
v.

No. 17-cv-0469 JCH/SMV

CITY OF HOBBS POLICE DEPARTMENT,
CHRIS MCCALL, CITY OF HOBBS,
BOARD OF COMMISSIONERS OF THE
CITY OF HOBBS, SAM COBB, JJ MURPHY,
JOHN DOES I–X, JANE DOES I–X,
BLACK AND WHITE ENTITIES I–X,
CHAD WRIGHT, AHMAD WHITE, and
THE CITY COMMISSION OF THE CITY OF HOBBS,
Defendants.1
SCHEDULING ORDER
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held
on January 3, 2019. The parties’ Joint Status Report and Provisional Discovery Plan [Doc. 59] is
adopted, except as modified below. The Court will permit discovery as follows:
1.
2.

No limit on the number of Requests for Admission served by each party at
this time;2

4.

10 depositions per side;

5.

2

25 Requests for Production by each party to any other party;

3.

1

25 Interrogatories by each party to any other party;

Depositions limited to 4 hours on the record unless extended by agreement
of the parties, except depositions of parties and experts, which are limited
to 7 hours on the record unless extended by agreement of the parties.

Per Plaintiffs’ Fourth Amended Complaint, only Defendants Wright and White remain. See [Doc. 38].
Requests for Admission are subject to the deadline for termination of discovery.

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. The Court sets the following case
management deadlines:
Plaintiff3 moves to amend the pleadings or join
additional parties by4:

February 11, 2019

Defendant moves to amend the pleadings or join
additional parties by4:

February 25, 2019

Plaintiff discloses experts and provides expert
reports or summary disclosures by5:

May 3, 2019

Defendant discloses experts and provides expert
reports or summary disclosures by5:

June 3, 2019

Termination of discovery:

July 2, 2019

Motions relating to discovery filed by6:

July 22, 2019

Pretrial motions other than discovery motions filed
by:

August 1, 2019

Proposed Pretrial Order due from Plaintiff to
Defendant by:

September 16, 2019

Proposed Pretrial Order due from Defendant to
Court by7:

September 30, 2019

Herein, the terms “Plaintiff” and “Defendant” encompass both singular and plural meanings.
Amendment must comply with Fed. R. Civ. P. 15(a).
5
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).
6
See D.N.M.LR-Civ. 7 for motion practice requirements and timing of responses and replies. The discovery motions
deadline does not 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.).
7
The Proposed Pretrial Order must 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
3
4

2

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. Discovery must be completed on or before
the discovery deadline. Accordingly, service of written discovery is timely only if the responses
are due prior to the discovery deadline. A notice to take deposition is timely only if the deposition
takes place prior to the discovery deadline. The pendency of dispositive motions does not stay
discovery.
IT IS SO ORDERED.

______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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.

3