Marker v. Department of the Interior Bureau of Land Management et al

Filing 38

INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Telephonic Rule 16(c) Hearing set for May 11, 2021 at 09:00 AM. Joint Status Report due by April 29, 2021. (atc)

Case 2:20-cv-00631-MV-KRS Document 38 Filed 04/01/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LARRY MARKER,
Plaintiff,
v.

No. 2:20-cv-00631 MV/KRS

DEPARTMENT OF THE INTERIOR,
Bureau of Land Management, Pecos District,
Defendant.
INITIAL SCHEDULING ORDER
This case is before the Court for scheduling, case management, discovery, and other nondispositive matters. The Federal Rules of Civil Procedure, as amended, as well as the Local
Rules of the Court, will apply to this lawsuit.
The parties, appearing through counsel or pro se, shall “meet and confer” no later than
April 15, 2021 to formulate a provisional discovery plan. See Fed. R. Civ. P. 26(f). As part of
this process, the parties are reminded that Federal Rule of Civil Procedure 26(f) requires
them to exchange views on the “disclosure, discovery, or preservation of electronically
stored information, including the form or forms in which it should be produced.” The
parties have an attendant duty to preserve all electronically stored information that may be
discoverable in this case.
The time allowed for discovery is generally 120 to 180 days. The parties will cooperate
in preparing a Joint Status Report and Provisional Discovery Plan (“JSR”) that follows the
sample available on the Court’s website.1 The blanks for suggested/proposed dates in the JSR

1

Pursuant to Administrative Order No. 06-173, the JSR replaces and supersedes the Provisional Discovery Plan and
the Initial Pretrial Report, effective January 2, 2007. The standardized Joint Status Report and Provisional
Discovery Plan is available at www.nmd.uscourts.gov/forms from the drop-down menu.

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Case 2:20-cv-00631-MV-KRS Document 38 Filed 04/01/21 Page 2 of 3

are to be filled in by the parties. Actual dates will be promulgated by order of the Court to be
entered after the Rule 16 scheduling conference scheduled pursuant to this order. Plaintiff, or
Defendant in cases which have been removed from State District Court, is responsible for filing
the JSR by April 29, 2021.
Initial disclosures by a party pursuant to Federal Rule of Civil Procedure 26(a)(1)
shall be made within fourteen days after the meet-and-confer session.
A telephonic Rule 16 scheduling conference will be conducted on May 11, 2021, at 9:00
a.m. Counsel and pro se parties shall call [phone] and enter access code 8193818 to be
connected to the telephonic Rule 16 scheduling conference. At the Rule 16 scheduling
conference, counsel and parties pro se should be prepared to discuss discovery needs and
scheduling, all claims and defenses, the use of scientific evidence, whether a Daubert2 hearing is
necessary, initial disclosures, and the time of expert disclosures and reports under Federal Rule
of Civil Procedure 26(a)(2). The Court, counsel, and parties pro se will also discuss settlement
prospects and alternative dispute resolution possibilities. In addition, the scheduling conference
participants will address consideration of consent by the parties to a United States Magistrate
Judge presiding over dispositive proceedings, including motions and trial, pursuant to 28 U.S.C.
§ 636(c). Parties represented by counsel may, but are not required to, attend the telephonic
scheduling conference.
If service on all parties is not complete, Plaintiff(s) appearing through counsel or pro se
is/are responsible for notifying all parties of the content of this order.
Good cause must be shown and the express written approval obtained from the Court for
any modifications of the dates in the scheduling order that issues from the JSR.

2

Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

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Case 2:20-cv-00631-MV-KRS Document 38 Filed 04/01/21 Page 3 of 3

Pretrial practice in this case shall be in accordance with the above.
IT IS SO ORDERED.

_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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