Olivas v. Chaves County Board of County Commissionerset al

• Court: District Court, D. New Mexico
• Decided: May 30, 2025
• Docket: 2:25-cv-00151
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

THOMAS OLIVAS,

Plaintiff,

v. No. 2:25-cv-151-GBW-KRS

CHAVES COUNTY BOARD OF COUNTY COMMISSIONERS, et al.,

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 June 20, 2025 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

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 filled in by the parties. If any party anticipates the use of one or more retained expert witness, the parties shall provide the following additional information in the JSR: (a) A specific date for the completion of fact discovery that precedes the deadline by which any party must serve an expert report. (b) Specific dates for the commencement and conclusion of expert discovery. (c) If sequential ordering of fact and expert discovery is opposed, the reason for the opposition. Actual dates will be promulgated by order of the Court to be entered after the Rule 16 conference scheduled pursuant to this order. Plaintiff, or Defendant in cases removed from state 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 June 30, 2025. Initial disclosures by a party pursuant to Federal Rule of Civil Procedure 26(a)(1) shall be made within fourteen (14) days after the meet-and-confer session. A telephonic Rule 16 scheduling conference will be conducted on July 9, 2025 at 10:00 a.m. (Mountain Time). Counsel and any pro se party shall call the Court’s WebEx teleconference line at (855) 244-8681 and enter Meeting Number 2300 989 9447# to be connected to the telephonic Rule 16 scheduling conference. Parties represented by counsel may, but are not required to, attend the telephonic scheduling conference. At the Rule 16 scheduling conference, counsel and pro se parties should be prepared to discuss discovery needs and scheduling, all claims and defenses, the use of scientific evidence, whether a Daubert2 hearing is necessary, initial disclosures, the time of expert disclosures and reports under Federal Rule of Civil Procedure

Status Report and Provisional Discovery Plan is available at www.nmd.uscourts.gov/forms from the drop-down menu. 2 Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). 26(a)(2), and sequencing of fact and expert discovery. The Court, counsel, and pro se parties 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). If service on all parties is not complete, Plaintiffs, whether appearing through counsel or pro se, are responsible for notifying all parties of the contents 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. IT IS SO ORDERED this 30th day of May, 2025.

KEVINR.SWEAZEA ts” UNITED STATES MAGISTRATE JUDGE

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