M&J Real Estate Investments, LLC; and J&L General Construction, LLC v. Mesilla Valley Manufactured Housing Community, LLC, and Gadsden Manufactured Housing Community, LLC

[[COURTLISTENER_SUBOPINION {"id":"11209239","type":"100trialcourt","part":"other","author":null,"source_field":"html_with_citations"}]]
IN THE UNITED STATES DISTRICT COURT                       
                 FOR THE DISTRICT OF NEW MEXICO                          


M&J REAL ESTATE INVESTMENTS, LLC;  )                                      
and J&L GENERAL CONSTRUCTION, LLC,  )                                     
                                  ))                                     
    Plaintiffs,                   )                                      
                                  )                                      
v.                                 )    Case 2:25-cv-1160-DLM-KRS         
                                  )                                      
MESILLA VALLEY MANUFACTURED        )                                      
HOUSING COMMUNITY, LLC, and        )                                      
GADSDEN MANUFACTURED HOUSING       )                                      
COMMUNITY, LLC,                    )                                      
                                  )                                      
    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 
December 18, 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”)1 that follows the sample 
available on the Court’s website.2 The blanks for suggested/proposed dates in the JSR are to be 
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 specific 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 December 29, 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 January 6, 2026 at 
10:30 a.m. (Mountain Time). Counsel and any pro se party shall call the Court’s WebEx 

1 If, due to a party’s pro se status, any party encounters an issue that prevents them from filing a 
joint report, the parties are directed to file separate reports by the deadline, which, in addition to 
the required contents as set forth above, explains why they were prevented from filing a joint 
report.                                                                   
2 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 
Status Report and Provisional Discovery Plan is available at www.nmd.uscourts.gov/forms from 
the drop-down menu.                                                       
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 Daubert?  hearing  is necessary,  initial 
disclosures, the time of expert disclosures and reports under Federal Rule of Civil Procedure 
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 25th day of November, 2025. 

                                          KEVINR.SWEAZEA ts” 
                                          UNITED STATES MAGISTRATE JUDGE 

> Daubert v. Merrell Dow Pharmaceuticals,
509 U.S. 579
(1993). 
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