Opinion
2:23-cv-158 MLG/KRS
05-08-2023
JOEL ARROYO, Plaintiff, v. SCOTT DOUGLAS JOHNSON, and KINDER MORGAN VEHICLE SERVICES, LLC, Defendants.
SCHEDULING ORDER
KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE
THIS MATTER comes before the Court following a telephonic Rule 16 scheduling conference held on May 8, 2023. At the hearing, the Court adopted the parties' proposed Joint Status Report and Provisional Discovery Plan, with slight modifications, as reflected in the dates below
Accordingly, IT IS HEREBY ORDERED that the parties shall adhere to the following discovery plan:
(a) Maximum of twenty-five (25) interrogatories by each party to any other party, with responses due thirty (30) days after service.
(b) Maximum of twenty-five (25) requests for production by each party to any other party, with responses due thirty (30) days after service.
(c) Maximum of twenty-five (25) requests for admission by each party to any other party, with responses due thirty (30) days after service.
(a) Maximum of ten (10) depositions by Plaintiff and ten (10) by Defendants. Each fact witness deposition is limited to a maximum of seven (7) contiguous hours unless
extended by agreement of parties. Each expert witness deposition is limited to a maximum of seven (7) contiguous hours unless extended by agreement of the parties.
IT IS FURTHER ORDERED that the following case management deadlines shall govern:
(a) Deadline for Plaintiff to amend pleadings and join additional parties pursuant to Federal Rule of Civil Procedure 15: June 1, 2023;
(b) Deadline for Defendants to amend pleadings and join additional parties pursuant to Federal Rule of Civil Procedure 15: June 1, 2023;
(c) Deadline for Plaintiff's expert reports: July 7, 2023;
(d) Deadline for Defendants' expert reports: August 21, 2023;
(e) Termination of discovery: October 6, 2023;
(f) Deadline for supplementing discovery/disclosures: Due within thirty (30) days of when the party learns that in some material respect the disclosure or response is incomplete or incorrect;
(g) Motions relating to discovery: October 26, 2023;
(h) All other motions: November 6, 2023;
(i) Pretrial order: To be set by the presiding judge.
IT IS FURTHER ORDERED that the Court must approve any changes to the timing or scope of discovery, other than the parties' agreement to extend the length of a deposition made during the deposition in question. Requests by a party to change the timing or scope of discovery, other than a mutual agreement to extend a deposition reached during the deposition, must be made by motion and before the termination of discovery or the expiration of any applicable deadline. Discovery must be completed on or before the termination of the discovery deadline. A written discovery request must be propounded by a date which ensures that the response to that request is due on or before the discovery deadline. The parties are further reminded that the cutoff for motions related to discovery does not relieve the party of the twenty-one (21) day time period under Local Rule 26.6 to challenge a party's objections to answering discovery. The parties are encouraged to review Federal Rule of Civil Procedure 26(a)(2) to ensure they properly disclose all testifying witnesses, not just those for whom a report is required.