Irizarry v. Legacy Burger, LLC et al

Filing 15

SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Discovery due by 11/7/2022. Pretrial Motions due by 12/8/2022. (ke)

Case 2:22-cv-00100-KWR-CG Document 15 Filed 05/09/22 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ADRIANNA IRIZARRY,
Plaintiff,
v.

No. CV 22-100 KWR/CG

LEGACY BURGER, LLC et al.,
Defendants.
SCHEDULING ORDER
THIS MATTER is before the Court on the Rule 16 Scheduling Conference, held
on May 9, 2022, and the parties’ Joint Status Report and Provisional Discovery Plan,
(Doc. 13), filed May 3, 2022. The Court adopts the Joint Status Report and Provisional
Discovery Plan, (Doc. 13), 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:
i.

Plaintiff to join additional parties and to amend the
pleadings by:

ii.

Defendants to join additional parties and to amend
the pleadings by:

iii.

June 8, 2022

July 8, 2022

Plaintiff to identify in writing any expert witness to be
used by Plaintiff at trial and to provide expert reports
pursuant to Fed. R. Civ. P. 26(a)(2)(B) by:

iv.

All other parties to identify in writing any expert
witness to be used by such parties at trial and to

August 8, 2022

Case 2:22-cv-00100-KWR-CG Document 15 Filed 05/09/22 Page 2 of 4

provide expert reports pursuant to Fed. R. Civ.
P. 26(a)(2)(B) by:

September 7, 2022

v.

Termination date for discovery:

November 7, 2022

vi.

Motions relating to discovery (including, but not
limited to, motions to compel and motions for
protective order) to be filed with the Court and
served on opposing parties by:

November 28, 2022

vii. Pretrial motions, other than discovery motions, shall
be filed with the Court and served on the opposing
party by1:

December 8, 2022

viii. Pretrial Order: To be determined by presiding judge.
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. 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

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.
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Case 2:22-cv-00100-KWR-CG Document 15 Filed 05/09/22 Page 3 of 4

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.
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:
i.

Maximum of 25 Interrogatories by each party to any other party;

ii.

Maximum of 25 Requests for Production by each party to any other party;

iii.

Maximum of 25 Requests for Admission by each party to any other party;

iv.

Maximum of 10 depositions by Plaintiff and 10 by Defendants collectively;
and,

v.

Depositions are limited to 4 hours, except depositions of parties and
experts, which are limited to 7 hours, 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

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Case 2:22-cv-00100-KWR-CG Document 15 Filed 05/09/22 Page 4 of 4

discovery must be submitted to the Court by motion before the discovery deadline
expires.
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
https://www.nmd.uscourts.gov/forms.
IT IS SO ORDERED.

_______________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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