Opinion
21-cv-0930 DHU/SMV
05-04-2022
REESHA MADRID, Plaintiff, v. CHRISTOPHER PADILLA, and ROBERT GONZALES, Defendants.
SCHEDULING ORDER
STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference held on May 4, 2022. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 20] is adopted, except as modified below. The Court will permit discovery as follows:
1. 25 Interrogatories by each party to any other party;
2. 25 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;
Requests for Admission are subject to the deadline for termination of discovery.
4. 10 depositions per side;
5. Depositions of fact witnesses are limited to 4 hours of questioning on the record unless extended by agreement of the parties. Depositions of parties and experts are limited to 7 hours of questioning on the record unless extended by agreement of the parties.
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” (240-day) track classification. The Court sets the following case management deadlines:
Plaintiff moves to amend the pleadings or join additional parties by: June 15, 2022
Herein, the terms “Plaintiff” and “Defendant” encompass both singular and plural meanings.
Amendment must comply with Fed.R.Civ.P. 15(a).
Defendant moves to amend the pleadings or join additional parties by:[3] June 29, 2022
Plaintiff discloses experts and provides expert reports or summary disclosures by: October 31, 2022
The parties must disclose every expert witness who is expected to testify, even if the expert is not required to submit an expert report. See Fed.R.Civ.P. 26(a)(2)(B)-(C); D.N.M.LR-Civ. 26.3(b). Summary disclosures are, under certain circumstances, required of treating physicians. Farris v. Intel Corp., 493 F.Supp.2d 1174, 1180 (D.N.M. 2007) (Treating physicians who do not submit Rule 26 expert reports may only testify “based on . . . personal knowledge and observations obtained during [the] course of care and treatment[.]”); see Blodgett v. United States, No. 2:06-CV-00565 DAK, 2008 WL 1944011, at *5 (D. Utah May 1, 2008) (unpublished) (“[T]reating physicians not disclosed as experts are limited to testimony based on personal knowledge and may not testify beyond their treatment of a patient.” (quoting Witherspoon v. Navajo Refining Co., No. 03-cv-1160 BB/LAM, 2005 WL 5988650, at *1 (D.N.M. June 28, 2005) (unpublished)); William P. Lynch, Doctoring the Testimony: Treating Physicians, Rule 26, and the Challenges of Causation Testimony, 33 Rev. Lit. 249 (2014).
Defendant discloses experts and provides expert reports or summary disclosures by:4 November 30, 2022
Termination of discovery: December 30, 2022
Motions relating to discovery filed by: January 19, 2023
See D.N.M.LR-Civ. 7 for motion practice requirements and timing of responses and replies. The discovery motions deadline does not extend the 21-day time limit in D.N.M.LR-Civ. 26.6 (Party served with objection to discovery request must file motion to compel within 21 days of service of objection. Failure to file motion within 21 days constitutes acceptance of the objection.).