]JULIET GRIFFIN, Magistrate Judge.
By contemporaneously entered order, the Court has approved and entered the parties' joint initial case management order for consolidated cases, with modifications addressed at the case management conference held on May 10, 2012. Those modifications and other matters addressed on May 10, 2012, are as follows:
1. The parties will participate in mediation on May 16, 2012, in New Mexico in conjunction with the 71 lawsuits filed against the plaintiffs and Otero County Hospital Association (the "Schlicht actions").
2. By May 18, 2012, the plaintiffs shall file one consolidated complaint, including the claims filed by all three plaintiffs against the defendants.
3. The defendants shall have until June 1, 2012, to file a response(s) to the consolidated complaint, and any counter-claim against the plaintiffs.
4. The plaintiffs shall have until June 8, 2012, to file a response to any counter-claims.
5. The parties agree that no discovery is necessary prior to filing and briefing cross motions on the issue of numbers of retention.
6. The parties shall have until June 11, 2012, to file cross motions on the "numbers of retention" issue.
Inasmuch as the parties agree that their positions on this issue are legal issues and there are very few, if any, disputed issues of fact, to the extent possible, the parties shall confer and file a joint statement of undisputed material facts, rather than filing two or more statements of undisputed material facts, as contemplated by Local Rule 56.01, and a joint stipulated set of exhibits, obviating duplication of filings of the same exhibits filed separately by the parties. Such joint statement of undisputed material facts and joint stipulated exhibits shall be filed by June 11, 2012.
Any response to such motions shall be filed by July 2, 2012, and any reply, if necessary, shall be filed by July 9, 2012. Any reply shall be limited to five (5) pages.
No other filings in support of or in opposition to these cross-motions shall be made except with the express permission of the Honorable John T. Nixon.
7. The plaintiffs shall have until July 9, 2012, to serve expert disclosures in accord with Rule 26(a)(2) of the Federal Rules of Civil Procedure for any experts related to the "shared limits" issue. The defendants shall have until August 9, 2012, to serve Rule 26(a)(2) expert disclosures related to the "shared limits" issue. The plaintiffs shall have until August 16, 2012, to serve any rebuttal expert disclosures, if necessary.
8. All fact and expert discovery related to the "shared limits" issue shall be completed by September 7, 2012. That means that any written discovery related to that issue shall be served in sufficient time so that responses will be in hand by September 7, 2012.
9. The parties shall have until September 28, 2012, to file cross-motions on the "shared limits" issue. Any response shall be filed by October 19, 2012, and any reply, if necessary shall be filed by October 26, 2012. Any reply shall be limited to five (5) pages. No other filings in support of or in opposition to these cross-motions shall be made except with the express permission of the Honorable John T. Nixon.
10. To the extent that additional experts are necessary, the plaintiffs shall have until November 12, 2012, to serve Rule 26(a)(2) expert disclosures for any additional experts, unrelated to the shared limits issues.
11. The defendants shall have until December 7, 2012, to serve Rule 26(a)(2) expert disclosures for any additional experts unrelated to the shared limits issue. The plaintiffs shall have until December 14, 2012, to serve any rebuttal expert disclosures on such issues, if necessary.
12. All expert discovery unrelated to shared limits shall be completed by January 18, 2013.
13. All remaining fact discovery on issues unrelated to the shared limits issue, including the discovery related to the defendants' affirmative defenses, shall be completed by January 4, 2013. The means that any written discovery unrelated to the shared limits issues shall be served so that responses will be in hand by January 4, 2013.
14. Any dispositive motion, unrelated to numbers of retention and shared limits, shall be filed by February 22, 2013. Any response shall be filed within 31 days of the filing of such motion or by March 25, 2013, if the motion is filed on February 22, 2013. Any reply, if necessary, shall be filed within 21 days of the filing of the response or by April 15, 2013, if the response is filed on March 25, 2013. Any reply shall not exceed ten (10) pages.
No other filings in support of or in opposition to any dispositive motion shall be made except with Judge Nixon's express permission.
15. There shall be no stay of discovery before the September 7, 2012, deadline for completion of fact and expert discovery related to the issue of shared limits, before the January 4, 2013, deadline for the completion of all fact discovery related to other issues, or before the January 18, 2013, deadline for completion of expert discovery related to other issues despite the pendency of any dispositive motion.
16. Memoranda in support of or in opposition to any dispositive motion filed in this case shall not exceed 25 pages.
17. A further case management conference is scheduled on
In consultation with Judge Nixon's office, a jury trial
The parties are directed to contact Ms. Mary Conner, courtroom deputy to Judge Nixon, by no later than 12:00 noon on Friday, July 12, 2013, if this case has settled. Failure to provide such notification in the event the parties have settled the case may result in assessment of costs against the parties and/or their attorneys, including but not limited to the costs of summoning the jurors.
A pretrial conference is also scheduled before Judge Nixon on
By May 31, 2013, counsel shall advise opposing counsel of those portions of any depositions to be read to the jury or those portions of video depositions to be viewed by the jury, in accord with Local Rule 32.01(b) and Rule 26(a)(3)(A)(ii) of the Federal Rules of Civil Procedure, and shall serve a list of the expected witnesses and exhibits in accord with Rule 26(a)(3)(A)(i) and (iii) of the Federal Rules of Civil Procedure.
By June 10, 2013, the parties shall file any motions in limine, any
By June 21, 2013, the parties shall also:
1. Submit a proposed joint pretrial order, which shall include:
2. File pretrial briefs, including:
3. File any deposition transcripts that the parties expect to use at trial;
4. Serve and file their respective final lists of witnesses and exhibits;
5. File a listing of all agreed stipulations;
6. File proposed jury instructions, any special interrogatories, and any special verdict forms.
A deadline for filing pretrial briefs will be established at the pretrial conference, if appropriate.
The parties shall premark all exhibits and comply with Local Rule 39.01(c)(4).
It is so ORDERED.