Molina v. Ethicon, Inc. et al
SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Discovery due by 4/29/2022. Pretrial Motions due by 11/30/2022. Proposed Pretrial Order due to the Court by 1/30/2023. (ke)
Case 2:20-cv-00670-KWR-CG Document 25 Filed 10/14/20 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. CV 20-670 KWR/CG
ETHICON, INC., et al.,
THIS MATTER came before the Court at a Rule 16 Scheduling Conference held on
October 13, 2020. Following a review of the parties’ Joint Status Report and Provisional
Discovery Plan (the “JSR”), (Doc. 18), filed on September 28, 2020, and after conferring with
counsel, the Court adopts the JSR as modified below:
a. Maximum of thirty (30) Interrogatories by each party to any other party;
b. Maximum of thirty (30) Requests for Production by each party to any other party;
c. Maximum of thirty (30) Requests for Admission by each party to any other party;
d. Maximum of ten (10) depositions by Plaintiff and ten (10) depositions by Defendants;
e. Deposition of parties, Rule 30(b)(6) designees and experts, are limited to seven (7)
hours, and all other witnesses are limited to four (4) hours, unless extended by
agreement of the parties.
The following case management deadlines have been set:
Deadline for Plaintiff to amend and join additional
parties by written consent or to seek leave of the
court to amend and join additional parties in
compliance with Fed. R. Civ. P. 15(a)(2):
Deadline for Defendants to amend and join
additional parties by written consent or seek
leave of the court to amend and join additional
October 19, 2020
Case 2:20-cv-00670-KWR-CG Document 25 Filed 10/14/20 Page 2 of 3
parties in compliance with Fed. R. Civ. P.
October 19, 2020
Plaintiff’s Rule 26(a)(2) expert disclosure:
May 27, 2022
Defendants’ Rule 26(a)(2) expert disclosure:
June 27, 2022
Rebuttal Expert Disclosure:
July 22, 2022
Plaintiff’s Expert Depositions:
August 26, 2022
Defendants’ Expert Depositions:
September 23, 2022
Termination date for discovery:
April 29, 2022
Motions relating to discovery to be filed by:
May 20, 2022
Pretrial motions other than discovery motions
(including motions which may require a Daubert
hearing) filed by:
November 30, 2022
Pretrial Order: Plaintiff to Defendants by:
Defendants to Court by:
January 16, 2023
January 30, 2023
Discovery shall not be reopened after the termination date for discovery, as specified
above, 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.
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 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.
Motions relating to discovery (including, but not limited to, motions to compel and
motions for protective order) shall be filed with the Court and served on opposing parties by
the deadline specified above. See D.N.M.LR-Civ. 7 for motion practice requirements and
Case 2:20-cv-00670-KWR-CG Document 25 Filed 10/14/20 Page 3 of 3
timing of responses and replies. This deadline shall not be construed to extend the twentyday 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.LR-Civ. 10.6.
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.
IT IS SO ORDERED.
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE
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