Filed: Oct. 17, 2018
Latest Update: Oct. 17, 2018
Summary: INITIAL SCHEDULING ORDER GREGORY J. FOURATT , Magistrate Judge . The above-captioned cause has been assigned to this Court for scheduling, case management, discovery and other non-dispositive motions. 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, will "meet and confer" no later than November 28, 2018, to formulate a provisional discovery plan. FED. R. CIV. P. 26(f)
Summary: INITIAL SCHEDULING ORDER GREGORY J. FOURATT , Magistrate Judge . The above-captioned cause has been assigned to this Court for scheduling, case management, discovery and other non-dispositive motions. 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, will "meet and confer" no later than November 28, 2018, to formulate a provisional discovery plan. FED. R. CIV. P. 26(f)...
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INITIAL SCHEDULING ORDER
GREGORY J. FOURATT, Magistrate Judge.
The above-captioned cause has been assigned to this Court for scheduling, case management, discovery and other non-dispositive motions. 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, will "meet and confer" no later than November 28, 2018, to formulate a provisional discovery plan. FED. R. CIV. P. 26(f). 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"), which follows the sample JSR available at the Court's website.1 The blanks for suggested/proposed dates are to be filled in by the parties. Actual dates will be promulgated by order of the court shortly after entry of the JSR. Plaintiff is ordered to file the JSR by December 5, `.
Good cause must be shown and the Court's express and written approval obtained for any modification of the dates in the scheduling order that issue from the JSR.
Initial disclosures under Federal Rule of Civil Procedure 26(a)(1) shall be made within fourteen (14) days of the meet-and-confer session.
A Rule 16 scheduling conference will be conducted by telephone on December 12, 2018, at 2:30 PM. Parties shall call Judge Fouratt's "Meet Me" line2 at (505) 348-2695 to be connected to the proceedings.
At the Rule 16 scheduling conference, counsel will be prepared to discuss discovery needs and scheduling, all claims and defenses, the use of scientific evidence and whether a Daubert3 hearing is needed, initial disclosures, and the time of expert disclosures and reports under Federal Rule of Civil Procedure 26(a)(2). We will also discuss settlement prospects and alternative dispute resolution possibilities and consideration of consent pursuant to 28 U.S.C. § 636(c). Counsel should also be prepared to discuss whether either Defendant is required to answer Counts V and VI of the Amended Complaint [see ECF No. 17] and whether, when, and how Plaintiff intends to challenge the United States Attorney's certification relating to course and scope of employment of Heath Hodges. Client attendance is not required.
Pre-trial practice in this case shall be in accordance with the foregoing.
IT IS SO ORDERED.
