Barrett v. Family Dollar Stores of New Mexico, Inc.
SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Discovery due by 9/4/2018. Pretrial Motions due by 10/4/2018. Proposed Pretrial Order due to the Court by 12/3/2018. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CV No. 17-677 JB/CG
FAMILY DOLLAR STORES
OF NEW MEXICO, INC.,
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 September 4, 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. 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 September 24, 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
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 June 6, 2018. 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 July 6, 2018.
Pretrial motions, other than discovery motions, shall be filed with the Court and
served on opposing party by October 4, 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
Plaintiff shall have until April 9, 2018, to join additional parties and to amend the
pleadings. Defendant shall have until May 8, 2018, to join additional parties and to amend
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 November 19, 2018; Defendant to Court on or before
December 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 (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
CHIEF UNITED STATES MAGISTRATE JUDGE
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