Opinion
Civ. 20-1268 WJ/GBW
02-16-2022
CRUZ LARA and CARMEN LARA, Plaintiffs, v. ALLSTATE INSURANCE COMPANY and RIC HARTLINE, Defendants.
ORDER GRANTING DEFENDANT ALLSTATE INSURANCE COMPANY'S MOTION FOR PROTECTION ORDER
GREGORY B. WORMUTH UNITED STATES MAGISTRATE JUDGE
THIS MATTER comes before the Court on Defendant Allstate Insurance Company's Motion for Protective Order. Doc. 46. On January 4, 2022, Plaintiffs noticed the deposition of Defendant's expert, Rod Rennison of Rimkus Consulting Group, for January 12, 2022, and subpoenaed documents from him, including the following: (i) Mr. Rennison's complete expert file; (ii) copies of all reports written by Mr. Rennison, prepared by him, or prepared at his direction; (iii) Mr. Rennison's case notes about this action; (iv) communications between Mr. Rennison and anyone else about the case; and (v) all information upon which Mr. Rennison based his conclusions, including all facts or data provided by Defendant's attorney that Mr. Rennison considered in forming his opinions. See doc. 46-1. Defendant seeks a protective order that limits Mr. Rennison's production to the non-privileged material that Federal Rule of Civil Procedure 26(a)(2)(B) requires experts to include in their written reports. See doc. 46 at 1.
Local Rules give a party fourteen (14) days to respond to a motion absent a request for an extension and provide that “[t]he failure of a party to file and serve a response in opposition to a motion within the time prescribed for doing so constitutes consent to grant the motion.” D.N.M. LR-Civ. 7.1(b); D.N.M. LR-Civ. 7.4(a). More than fourteen days have passed since Defendant filed the instant Motion without Plaintiffs filing a response or requesting the Court to extend the deadline for them to do.
Accordingly, IT IS HEREBY ORDERED that Defendant's Motion for Protective Order (doc. 46) is GRANTED. Mr. Rennison's obligations under the January 4, 2022, subpoena are limited to producing the non-privileged material required by Federal Rule of Civil Procedure 26(a)(2)(B).
IT IS SO ORDERED.