Smith v. Nissan Motor Co., Ltd. et al

Filing 20

SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Discovery due by August 16, 2022. Dispositive Motions due by September 16, 2022. Proposed Pretrial Order due to the Court by November 15, 2022. (atc)

Case 2:21-cv-00625-MV-KRS Document 20 Filed 08/24/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BRANDON SMITH,
Plaintiff,
v.

Case No. 2:21-cv-625 MV/KRS

NISSAN MOTOR CO., LTD., et al.
Defendants.
SCHEDULING ORDER
THIS MATTER comes before the Court following a telephonic Rule 16 scheduling
conference held on August 24, 2021. At the hearing, the Court adopted the parties’ proposed
Joint Status Report and Provisional Discovery Plan, with slight modifications, as reflected in the
dates below
Accordingly, IT IS HEREBY ORDERED that the parties shall adhere to the following
discovery plan:
(a) Maximum of twenty-five (25) interrogatories by each party to any other party.
Defendants’ responses due 60 days after service; Plaintiff’s responses due 30 days
after service.
(b) Maximum of twenty-five (25) requests for admission by each party to any other party.
Defendants’ responses due 60 days after service; Plaintiff’s responses due 30 days
after service.
(c) Maximum of ten (10) depositions by Plaintiff and ten (10) by Defendants. Each
deposition limited to maximum of seven (7) hours unless extended by agreement of
the parties.
Scheduling Order
Page 1 of 3

Case 2:21-cv-00625-MV-KRS Document 20 Filed 08/24/21 Page 2 of 3

IT IS FURTHER ORDERED that the following case management deadlines shall
govern:
(a)

Deadline for Plaintiff and Defendants to amend pleadings pursuant to Federal Rule of Civil
Procedure 15: October 8, 2021;

(b)

Deadline for Plaintiff and Defendants to join additional parties pursuant to Federal Rule of
Civil Procedure 15: September 10, 2021

(c)

Deadline for Plaintiff’s expert reports: April 15, 2022;

(d)

Deadline for Defendants’ expert reports: June 1, 2021;

(e)

Termination of discovery: August 16, 2022;

(f)

Deadline for supplementing discovery/disclosures: August 16, 2022;

(g)

Motions relating to discovery: September 6, 2022;

(h)

All other motions:1 September 16, 2022;

(i)

Pretrial order:

Plaintiff to Defendant by: November 1, 2022;
Defendant to Court by: November 15, 2022.

IT IS FURTHER ORDERED that the Court must approve any changes to the timing or
scope of discovery, other than the parties’ agreement to extend the length of a deposition made
during the deposition in question. Requests by a party to change the timing or scope of
discovery, other than a mutual agreement to extend a deposition reached during the deposition,
must be made by motion and before the termination of discovery or the expiration of any
applicable deadline. Discovery must be completed on or before the termination of the discovery
deadline. A written discovery request must be propounded by a date which ensures that the

1

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.
Scheduling Order
Page 2 of 3

Case 2:21-cv-00625-MV-KRS Document 20 Filed 08/24/21 Page 3 of 3

response to that request is due on or before the discovery deadline. The parties are further
reminded that the cutoff for motions related to discovery does not relieve the party of the twentyone (21) day time period under Local Rule 26.6 to challenge a party’s objections to answering
discovery. The parties are encouraged to review Federal Rule of Civil Procedure 26(a)(2) to
ensure they properly disclose all testifying witnesses, not just those for whom a report is
required.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

Scheduling Order
Page 3 of 3