Facts
- Jimi Rene Reed filed a complaint against Johnson Specialty Tools, LLC, and Curtis Williams in the United States District Court for the District of New Mexico. [lines="2-8"]
- The court issued an Initial Scheduling Order to manage the case, including deadlines for discovery and reports. [lines="10-12"]
- The parties are required to meet and confer by November 26, 2024, to develop a provisional discovery plan. [lines="16-18"]
- Initial disclosures must occur within fourteen days after the meeting and a Joint Status Report is due by December 3, 2024. [lines="40-42"]
- A telephonic scheduling conference is set for December 12, 2024, for discussion of various pretrial matters. [lines="43-45"]
Issues
- Whether the parties will comply with the deadlines set by the Initial Scheduling Order for discovery and reporting requirements. [lines="12-12"]
- Whether modification of the dates established in the scheduling order can occur, subject to court approval. [lines="75-75"]
Holdings
- The court mandates the parties to adhere to specified deadlines for the Joint Status Report and provisional discovery plan. [lines="38-40"]
- Any changes to the scheduling order must demonstrate good cause and receive express written approval from the court. [lines="75-75"]
OPINION
Case Information
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JIMI RENE REED,
Plaintiff, v. No. 2:24-cv-1113-GJF-KRS JOHNSON SPECIALTY TOOLS, LLC, and
CURTIS WILLIAMS,
Defendants.
INITIAL SCHEDULING ORDER
This case is before the Court for scheduling, case management, discovery, and other non- dispositive 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 November26, 2024 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 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 removed from State District Court, or the represented party in cases where the opposing party is pro se, is responsible for filing the JSR. The JSR should be filed by December 3, 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 December 12, 2024 at 9:00 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 Daubert [2] 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 scheduling conference.
[1] 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.
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.
SO ORDERED this 8th day of November, 2024.
________________________________ KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE
[2] Daubert v. Merrell Dow Pharmaceuticals , 509 U.S. 579 (1993).