21 June 1997: Link to related documents: http://jya.com/whpfiles.htm

11 May 1997
Source: William H. Payne

COPY

FILED
at Santa Fe, NM
May 2 1997

ROBERT M. MARCH, Clerk
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO

                   IN THE UNITED STATES DISTRICT COURT

                     FOR THE DISTRICT OF NEW MEXICO

WILLIAM H. PAYNE et al.,

          Plaintiffs,
                                      Civil No. 97-266 SC/DJS   

KENNETH A. MINIHAN, Lieutenant 
General, USAF Director et al.,

          Defendants. 




                     INITIAL SCHEDULING ORDER 

     This cause is assigned to me for scheduling, case management, 

discovery, and other non-dispositive motions.  The Federal Rules of 

Civil Procedure as amended in 1993, as well as the local rules of 

the Court shall apply to this law suit.  Civility  and 

professionalism will be required of counsel.  Counsel should read 

"A Lawyer's Creed of Professionalism of the State Bar of New 

Mexico". 

     The parties, appearing through counsel or pro se, shall "meet 

and confer" no later than May 14, 1997 to formulate a provisional 

discovery plan.  Fed.R.Civ.P.26(f).  The time for discovery, 

generally 120 and 150 days, will run from the Rule 16 initial 

scheduling conference.  The provisional discovery plan shall be 

filed with the Court no later than May 23, 1997.  The parties will 

cooperate in preparing an Initial Pre-Trial Report (IPTR) which 

will follow the IPTR form obtainable from the Court Clerk.1  The 

blanks for dates should not be filled in.  Plaintiff, or Defendant 

_____________________

     1Please contact the Clerk's office to obtain a copy of the   
new standardized Initial Pre-Trial Report form adopted May 11,
1995.

                                 [1]



in removed cases, is responsible for submitting the IPTR to my 

office by May 23, 1997.  Good cause must be shown and Court 

approval obtained for any modification of the IPTR schedules. 

     Initial disclosures under Fed.R.Civ.P.26(a)(1) shall be made 

within ten days of the meet and confer session. 

     A Rule 16 scheduling conference will be held in my chambers, 

on Thursday, June 5, 1997 at 10:30 a.m.  At the Rule 16 scheduling 

conference, counsel shall be prepared to discuss discovery needs 

and scheduling, all claims and defenses, the use of scientific 

evidence and whether a Daubert2 hearing is needed, initial 

disclosures, and the time of expert disclose and reports under 

Fed.R.Civ.P.26(a)(2).  We shall also discuss settlement prospects 

and alternative dispute resolution possibilities.  Absent Court 

permission to the contrary, only lead counsel shall attend the 

conference.  Further, client attendance is not required. 

     Pre-trial practice in this cause shall be in accordance with 

the foregoing. 

     IT IS SO ORDERED. 


                              [Signature]

                              DON J.SVET 
                              UNITED STATES MAGISTRATE JUDGE 






_____________________

     2Daubert v. Merrell Dow Pharmaceuticals, 113 S.Ct. 2786 
(1993).


                                  [2]

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