Hernandez v. Mimbres Memorial Hospital et al

Filing 102

TRIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Jury Selection and trial set for October 7, 2019 at 09:00 AM in Las Cruces - 480 Picacho Courtroom (South Tower). Final Pretrial Conference set for September 23, 2019 at 10:00 AM in Las Cruces - 480 Picacho Courtroom (South Tower). (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

LORENZO HERNANDEZ,
Plaintiff,
v.

No. 2:18-cv-00547-KRS-GBW

DEMING MEMORIAL MEDICAL
CORPORATION, d/b/a Mimbres
Memorial Hospital, et al.
Defendants.

TRIAL SCHEDULING ORDER
THIS MATTER comes before the Court following a telephonic status conference held
on January 22, 2019. In follow up to the conference, the Court hereby sets the following dates
and deadlines for trial in this case
A Pretrial Conference shall be held on September 23, 2019 at 10:00 a.m. in the
Picacho Courtroom at the United States District Courthouse, 100 N. Church St., Las Cruces,
NM, 88001. All attorneys participating in the trial must be present for the pretrial conference
unless permission for telephonic appearance has been obtained from the Court. The parties may,
but need not, be present.
Jury Selection and Jury Trial will begin on October 7, 2019 at 9:00 a.m. Counsel are
directed to submit a proposed consolidated final pretrial order (template pretrial order attached)
as follows:
Plaintiff to Defendants: on or before July 29, 2019;
Defendants to the Court: on or before August 12, 2019.

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The pretrial order shall provide that no witness, except rebuttal witnesses whose testimony
cannot be anticipated, will be permitted to testify unless the witness is identified in a witness list
filed no later than thirty (30) days prior to the date set for trial. Any exceptions thereto must be
upon order of the Court for good cause shown.
Motions in Limine: All motions in limine 1 shall be filed on or before August 30, 2019.
Any response to a Motion in Limine shall be filed on or before September 13, 2019.
Witness Lists: The parties shall file their witness lists on or before September 3, 2019.
The lists must disclose witnesses that the parties “will call” as well as witnesses that they “may
call” at trial. Any objections to a witness named by an opposing party must be filed by
September 10, 2019.
Designations and Counter-Designations of Deposition Testimony: On or before
September 3, 2019, counsel for each party shall file a pleading designating, by deposition
transcript page(s) and line number(s), the deposition testimony that the party intends to offer
into evidence at trial. In the event that a party designates deposition testimony that will or may
be offered into evidence at trial, then on or before September 10, 2019, any other party may
counter-designate, by deposition transcript page(s) and line number(s), any other portion of the
deposition testimony that should be offered into evidence pursuant to Federal Rule of Evidence
106. The deposition designation requirement does not apply to the use of a deposition to
impeach the testimony of a witness who testifies in person at the trial, or to rebuttal testimony
offered through deposition testimony.
On or before September 10, 2019, counsel shall jointly submit one physical copy of
each deposition transcript that contains testimony that will or may be offered into evidence at
1

Motions challenging the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993) are not motions in limine. Daubert motions shall be filed no later than the dispositive motions
deadline.
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trial to the Court’s chambers, with the parts of the deposition(s) that are to be offered into
evidence highlighted. To this end, Plaintiff will use a yellow marker and Defendants will use a
blue marker to highlight the portions of the deposition transcript that they each have designated.
As an alternative to jointly submitting a physical copy of a deposition to the Court with the
designated portions of the deposition highlighted, the parties may jointly submit the deposition to
the Court in PDF format, with the respective portions of the deposition highlighted, by emailing
the PDF document to [e-mail]. Any objections to deposition testimony
designated or counter-designated by an opposing party shall be filed on or before September 17,
2019. In the event a party wishes to make further designations or counter-designations of
deposition testimony, other than those designations made in conformance with the procedure set
forth above, the party shall first seek permission from the Court.
Exhibits: On or before September 6, 2019 the parties shall jointly file a list of exhibits
that the parties stipulate may be admitted into evidence without objection. On or before
September 13, 2019 each party shall file a list containing the exhibits that the party will or may
offer into evidence, other than those exhibits for which the parties have stipulated to the
admission into evidence. On or before September 13, 2019 the parties shall jointly submit a
physical copy of all exhibits to the Court’s chambers. The exhibits shall be divided into two
notebooks. One notebook shall include all exhibits, labeled consecutively, that the parties
stipulate may be admitted into evidence without objection. The other notebook shall include all
exhibits the parties have not stipulated may be admitted into evidence, labeled consecutively
beginning with the next sequential number after the final stipulated exhibit designation. For
instance, if there are fifty (50) stipulated exhibits, twenty (20) contested plaintiff’s exhibits, and
twenty (20) contested defendants’ exhibits, one notebook shall contain stipulated exhibits

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numbered 1 to 50. The other notebook shall contain plaintiffs’ contested exhibits numbered 51
through 70 and defendants’ contested exhibits numbered 71 through 90.
On or before September 3, 2019 each party shall send a list of their proposed exhibits to
the opposing party in order to allow sufficient time for a party to determine whether to object to
the admission of an exhibit.
Statement of the Case: On or before September 20, 2019, the parties shall file a
consolidated clear, concise statement of the case to be read by the Court to the jury at the
beginning of trial. If Counsel are unable to agree to a consolidated statement of the case, they
shall file separate statements of the case. The parties shall meet on or before September 18,
2019 and confer about the statement of the case.
Jury Instructions: On or before September 18, 2019, the parties shall meet and confer
to discuss proposed jury instructions. Plaintiff shall file a set of requested jury instructions upon
which all of the parties agree. Requested instructions upon which the parties cannot agree must
be filed separately by the requesting party. There shall be only one instruction per page and each
instruction shall include a citation to supporting authority at the bottom of the page. On or
before September 27, 2019 all requested jury instructions shall be filed. On that same day, the
parties shall also email a copy of the requested jury instructions in Word format, without
citations, to [e-mail]. On or before October 4, 2019 a party shall file a
pleading setting forth any objections to an opposing party’s requested instructions.
IT IS SO ORDERED.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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