Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: SCHEDULING ORDER FOR NON-EXPERT DISCOVERY STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held on October 17, 2018. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 15] is adopted, except as modified below. The parties have the following deadlines to join and amend: Plaintiff moves to amend the pleadings or join November 28, 2018 additional parties by 1 : Defendant moves to amend the plead
Summary: SCHEDULING ORDER FOR NON-EXPERT DISCOVERY STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held on October 17, 2018. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 15] is adopted, except as modified below. The parties have the following deadlines to join and amend: Plaintiff moves to amend the pleadings or join November 28, 2018 additional parties by 1 : Defendant moves to amend the pleadi..
More
SCHEDULING ORDER FOR NON-EXPERT DISCOVERY
STEPHAN M. VIDMAR, Magistrate Judge.
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held on October 17, 2018. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 15] is adopted, except as modified below. The parties have the following deadlines to join and amend:
Plaintiff moves to amend the pleadings or join November 28, 2018
additional parties by1:
Defendant moves to amend the pleadings or join December 12, 2018
additional parties by1:
Discovery will proceed in two phases. Non-expert discovery will proceed first, followed by a second phase for expert discovery. 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 "complex" (180-day) track classification. The following deadlines apply only to non-expert discovery2:
Termination of non-expert discovery: April 15, 2019
Motions relating to non-expert discovery filed by3: May 6, 2019
The Court will set the following limitations on non-expert discovery:
1. 35 Interrogatories by each party to any other party;
2. 35 Requests for Production by each party to any other party;
3. No limit on the number of Requests for Admission served by each party at this time;4
4. 15 depositions per side;
5. Depositions limited to 4 hours on the record unless extended by agreement of the parties, except depositions of parties, which are limited to 8 hours on the record unless extended by agreement of the parties.
The Court will hold a telephonic second Rule 16 Scheduling Conference on April 19, 2019, at 9:30 a.m. in order to set deadlines for expert discovery, pretrial motions, and a proposed pretrial order. Counsel shall call Judge Vidmar's "Meet Me" line at (505) 348-2357 to connect to the proceedings.5 Counsel should be prepared to discuss whether to schedule a settlement conference before expert discovery commences.
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. Non-expert discovery must be completed on or before the non-expert-discovery deadline. Accordingly, service of written discovery is timely only if the responses are due prior to the non-expert-discovery deadline. A notice to take deposition is timely only if the deposition takes place prior to the non-expert-discovery deadline. The pendency of dispositive motions does not stay discovery.
IT IS SO ORDERED.
