Yoya's Market, et al v. United States of America
SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Discovery due by 8/16/2021. Pretrial Motions due by 9/17/2021. Proposed Pretrial Order due to the Court by 11/16/2021. (ke)
Case 2:19-cv-00910-JAP-CG Document 32 Filed 02/17/21 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
YOYA’S MARKET and
ALMA VILLEZCAS, as manager,
No. CV 19-910 JAP/CG
UNITED STATES OF AMERICA,
THIS MATTER is before the Court on the Rule 16 Scheduling Conference, held
on February 16, 2021, and the parties’ Joint Status Report and Provisional Discovery
Plan, (Doc. 30), filed February 2, 2021. The Court adopts the Joint Status Report and
Provisional Discovery Plan, (Doc. 30), as an Order of the Court as modified below.
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. Accordingly, the Court
sets the following case management deadlines:
Plaintiff to join additional parties and to amend the
March 18, 2021
Defendants to join additional parties and to amend
the pleadings by:
Termination date for discovery:
Motions relating to discovery (including, but not
limited to, motions to compel and motions for
April 19, 2021
August 16, 2021
Case 2:19-cv-00910-JAP-CG Document 32 Filed 02/17/21 Page 2 of 4
protective order) to be filed with the Court and
served on opposing parties by:
September 7, 2021
Pretrial motions, other than discovery motions,
shall be filed with the Court and served on the
opposing party by1:
September 17, 2021
Final Pretrial Order: Plaintiff to Defendants by:
Defendants to the Court by:
November 2, 2021
November 16, 2021
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 responwwses 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. 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.
Any pretrial motions, other than discovery motions, filed after the above dates
shall, in the discretion of the Court, be considered untimely. 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.LRCiv. 10.6. See D.N.M.LR-Civ. 7 for motion practice requirements and timing of
responses and replies.
This deadline applies to motions related to the admissibility of experts or expert
testimony that may require a Daubert hearing, but otherwise does not apply to motions
in limine. The Court will set a motions in limine deadline in a separate order.
Case 2:19-cv-00910-JAP-CG Document 32 Filed 02/17/21 Page 3 of 4
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.
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.
The Court further sets the following discovery parameters:
Maximum of 15 Interrogatories by each party;
Maximum of 10 Requests for Production by each party to any other party;
Maximum of 10 Requests for Admission by each party to any other party;
Maximum of 3 depositions by each party; and,
Depositions are limited to 4 hours, except depositions of parties and
experts, unless extended by agreement of the parties.
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.
Parties may not modify case management deadlines on their own. Good cause
must be shown and the Court’s express, written approval obtained for any modification
of the case management deadlines set forth herein. Any requests for additional
Case 2:19-cv-00910-JAP-CG Document 32 Filed 02/17/21 Page 4 of 4
discovery must be submitted to the Court by motion before the discovery deadline
Finally, the parties are reminded that Local Rule 73.2 permits parties to consent
to proceed before the undersigned in dispositive matters, including trial. The decision to
consent to proceed before the undersigned rests with the parties. If the parties agree to
consent to the undersigned in the presiding role, they must jointly complete and submit
the appropriate Form AO 85, which may be found on the Court’s website at
IT IS SO ORDERED.
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE
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