Aguirre v. Atrium Medical Corporation et al
Filing
42
ORDER by Magistrate Judge Gregory B. Wormuth denying 40 Motion to Set Pretrial Conference. (ts)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESUSITA AGUIRRE,
Plaintiff,
v.
Civ. No. 18‐153 WJ/GBW
ATRIUM MEDICAL CORPORATION, et al.,
Defendants.
ORDER DENYING PLAINTIFF’S MOTION TO SET PRETRIAL CONFERENCE
THIS MATTER comes before the Court on Plaintiff’s Motion to Set a Pretrial
Conference. Doc. 40. Plaintiff moves the Court to set a Rule 16 Initial Scheduling
Conference and establish discovery deadlines. Defendants neither indicated their
concurrence nor timely responded to Plaintiff’s Motion.
It is the general practice of this Court to issue an Initial Scheduling Order, setting
a Rule 16 Initial Scheduling Conference, once all defendants have responded to the
complaint. Plaintiff filed her Amended Complaint on June 12, 2019 (doc. 38). The
Defendants filed a Notice of Agreed Extension of Time on June 12, 2019, indicating that
the parties had agreed to extend Defendants’ time to answer or respond to the
Amended Complaint until July 3, 2019. Doc. 39. No answers or other responsive
pleadings have yet been filed.
Accordingly, Plaintiff’s Motion is premature and is therefore DENIED. The
Court will issue an Initial Scheduling Order in this matter once responsive pleadings
have been filed.
_____________________________________
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE
2
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