Hi Paz and other Gurus!
So five days after the AUSA filed their ANSWER stating the generic reasons (disniss due lack of subject matter jurisdiction) the magistrate judge has issed the initial schaduling order for discovery. Following is the exact order:
INITIAL SCHEDULING ORDER
This cause is assigned to me for scheduling, case management, discovery and other non-dispositive motions. A Rule 16 scheduling conference will be held in my chambers, Suite 670, Pete V. Domenici United States Courthouse, 333 Lomas Blvd., Albuquerque, New Mexico, on MONDAY, MARCH 12, 2007 at
3:000 pm.1 At the Rule 16 scheduling conference, counsel will be prepared to discuss all claims and defenses, initial disclosures, discovery requests and scheduling, any issues relating to disclosure or discovery of electronically-stored information, the timing of expert disclosures and reports under Fed. R. Civ. P. 26(a)(2), and the use of scientific evidence and whether it is anticipated that a Daubert2 hearing is needed. We will also discuss settlement prospects, alternative dispute resolution possibilities, and consideration of consent pursuant to 28 U.S.C. § 636(c). Parties represented by counsel need not attend. If service on all parties is not complete,
plaintiff(s) appearing through counsel or pro se plaintiff(s) are responsible for notifying all parties of the content of this order.
The parties, appearing through counsel or pro se, will "meet and confer" no later than twenty-one (21) days prior to the initial scheduling conference to discuss the nature and basis of their claims and defenses,
the possibility of a prompt resolution or settlement, and to formulate a provisional discovery plan. Fed. R. Civil. P. 26(f). 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) which follows the sample JSR obtainable from the Clerk of the Court.3 The blanks for proposed dates should be filled in by the parties.4 Plaintiff, or Defendant in removed cases, is responsible for electronically filing the JSR by MARCH 2, 2007.
Initial disclosures under Fed. R. Civ. P. 26(a)(1) must be made within fourteen (14) days of the meet-andconfer session.
Parties may not modify case management deadlines on their own. Good cause must be shown and the Court’s express and written approval obtained for any modification of the dates to the case management deadlines that are established by the Court at the scheduling conference. Counsel are required to comply with the Local Civil Rules of the United States District Court for the
District of New Mexico, as well as the Federal Rules of Civil Procedure. Civility and professionalism will be required of counsel, and counsel must comply with “A Creed of Professionalism of the New Mexico Bench and
Bar” (which can be found in the State Bar of New Mexico Bench and Bar Directory).
IT IS SO ORDERED.
My understanding.
1-Scheduling conference on Monday 3/12/2007 to discuss settlement prospects and discovery of electronically stored infomation (I am sure USCIS would LOVE that!!)
2-Both parties "meet and confer" no later than 21 days prior to the above date. At that meeting they will fill out the Joint Status Report (JSR) and Provisional discovery plan which has to be filed by March2, 2007.
My questions
1-What is Daubert hearing? There is a footnote to "Daubert V Merrell Dow Pharmaceuticals 509 U.S 579 (1993)".
2- How and where will the first conference for JSR will take place? Will the judge will be involved or between me and AUSA.
As always I appreciate your response.
sfdurrani
I-485 RD 10/2004
Stuck in Name Check 10/09/2004
WOM filed 11/22/2006
AUSA served 11/29/2006
AUSA ANSWER on 1/30/2007
Scheduling order by Judge 2/7/2007
