Chep USA v. Gillis Farms, Inc. et al
INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by January 10, 2024. Telephonic Scheduling Conference set for January 17, 2024 at 11:00 AM. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. 2:23-cv-634 KWR/KRS
GILLIS FARMS, INC. and
DESERT SPRINGS PRODUCE, LLC,
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
December 15, 2023 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
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sample available on the Court’s website.1 The blanks for suggested/proposed dates in the JSR
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
January 10, 2024.
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 January 17, 2024 at
11:00 a.m. Counsel and pro se parties shall call (888) 398-2342 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
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.
Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).
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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.
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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