Ferro v. Curry County Detention Center et al

Filing 87

SCHEDULING ORDER by Magistrate Judge Stephan M. Vidmar. Discovery terminates August 12, 2019. Pretrial Motions due by September 12, 2019. Proposed Pretrial Order due to the Court by November 12, 2019. (jcm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ARTHUR FERRO,
Plaintiff,
v.

No. 18-cv-0223 GJF/SMV

BOARD OF COUNTY COMMISSIONERS
OF CURRY COUNTY and KENNETH LACEY,1
Defendants.
SCHEDULING ORDER
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held
on February 12, 2019. The parties’ Amended Joint Status Report and Provisional Discovery Plan
[Doc. 84] is adopted, except as modified below. The Court will permit discovery as follows:
1.

25 Interrogatories by each party to any other party;

2.

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

3.

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

4.

10 depositions per side;

5.

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.

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

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2

Defendant Lacey was dismissed with prejudice on January 10, 2019. [Doc. 72].
Requests for Admission are subject to the deadline for termination of discovery.

case is assigned to a “standard” (180-day) track classification. The Court sets the following case
management deadlines:
Plaintiff moves to amend the pleadings or join
additional parties by3:

March 26, 2019

Defendant moves to amend the pleadings or join
additional parties by3:

April 9, 2019

Plaintiff discloses experts and provides expert
reports or summary disclosures by4:

April 10, 2019

Defendant discloses experts and provides expert
reports or summary disclosures by4:

May 10, 2019

Termination of discovery:

August 12, 2019

Motions relating to discovery filed by5:

September 3, 2019

Pretrial motions other than discovery motions filed
by:

September 12, 2019

Proposed Pretrial Order due from Plaintiff to
Defendant by:

October 28, 2019

3

Amendment must comply with Fed. R. Civ. P. 15(a).
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). Summary disclosures are, under
certain circumstances, required of treating physicians. Farris v. Intel Corp., 493 F. Supp. 2d 1174, 1180 (D.N.M.
2007) (Treating physicians who do not submit Rule 26 expert reports may only testify “based on . . . personal
knowledge and observations obtained during [the] course of care and treatment[.]”); see Blodgett v. United States,
No. 2:06-CV-00565 DAK, 2008 WL 1944011, at *5 (D. Utah May 1, 2008) (unpublished) (“[T]reating physicians not
disclosed as experts are limited to testimony based on personal knowledge and may not testify beyond their treatment
of a patient.” (quoting Witherspoon v. Navajo Refining Co., No. 03-cv-1160 BB/LAM, 2005 WL 5988650, at *1
(D.N.M. June 28, 2005) (unpublished)); William P. Lynch, Doctoring the Testimony: Treating Physicians, Rule 26,
and the Challenges of Causation Testimony, 33 Rev. Lit. 249 (2014).
5
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.).
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2

Proposed Pretrial Order due from Defendant to
Court by6:

November 12, 2019

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

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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
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.

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