Vargo et al v. EVO Transportation & Energy Services, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STEVEN VARGO et al.,
Plaintiffs,
v. 	No. 1:24-cv-00301-SMD-LF
EVO TRANSPORTATION & ENERGY
SERVICES, INC. et al.,
Defendants.
ORDER SETTING DEADLINES
THIS MATTER is before the Court on its October 6, 2025, order for Defendants to show
cause (Doc. 86). The Court ordered Defendants to provide a written explanation by October 27,
2025, showing good cause why they should not be sanctioned under Fed. R. Civ. P. 37(b)(2) for
violating the Court’s order that they supplement their interrogatory responses. Doc. 86 at 1.
Defendants timely filed their response on October 27, 2025. See Doc. 91.
The Court had also ordered Plaintiffs to submit by October 14, 2025, an affidavit of
reasonable expenses caused by Defendants’ failure to follow its June 12, 2025, discovery order.
Doc. 83 at 2. Plaintiffs filed an unopposed motion for an extension of time to file that affidavit
because Defendants had not yet provided their supplemental responses. Doc. 87 at 1–2. The
Court stayed the deadline until further notice and ordered Plaintiffs to file a notice informing the
Court of the date of their receipt of the supplemental responses. Doc. 88 at 2. Plaintiffs first
filed notice that they received the responses on October 27, 2025, but that the responses were not
verified under oath. Doc. 94 at 1. Plaintiffs later filed a supplemental notice that they received a
verification page for those responses on November 3, 2025. Doc. 95 at 1.
IT IS THEREFORE ORDERED that the stay on the deadline for Plaintiffs to file an
affidavit of reasonable expenses is lifted, and that the following deadlines are set:
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1. 	By January 9, 2026, Plaintiffs may file an affidavit of reasonable expenses caused by
Defendants’ failure to follow the Court’s June 12, 2025, order (Doc. 74).
2. 	Defendants’ response to Plaintiffs’ affidavit is due no later than twenty-one (21) days
after the affidavit is filed.
3. 	Plaintiffs’ reply, if any, is due no later than fourteen (14) days after Defendants’ response
is filed.
____________________________
Laura Fashing
United States Magistrate Judge
Case 1:24-cv-00301-SMD-LF Document 116 Filed 12/18/25 Page 2 of 2