Huber et al v. Progressive Preferred Insurance Co.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RAJNEE HUBER and THOMAS HUBER,
Plaintiffs,
vs. 	Civ. No. 25-1314 KK/SCY
PROGRESSIVE INSURANCE COMPANY,
Defendant.
INITIAL SCHEDULING ORDER
This case is assigned to me for scheduling, case management, discovery and other
non-dispositive motions. The Federal Rules of Civil Procedure, as amended, as well as the Local
Civil Rules of the United States District Court for the District of New Mexico will apply to this
lawsuit.
The parties, appearing through counsel or pro se, will “meet and confer” no later than
Tuesday, February 17, 2026, 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. Civ. P. 26(f). The parties will cooperate in preparing a Joint Status Report and
Provisional Discovery Plan (“JSR”) which follows the sample JSR available at the Court’s
website, www.nmd.uscourts.gov. The parties will fill in the proposed dates, bearing in mind that
the time allowed for discovery is generally 150 to 180 days from the date of the Rule 16 Initial
Scheduling Conference. The Court will determine actual case management deadlines after
considering the parties’ requests. Plaintiff, or Defendant in removed cases, is responsible for
filing the JSR by Friday, February 27, 2026. Good cause must be shown and the Court’s
express and written approval obtained for any modification of the case management deadlines
that the Court will establish at the scheduling conference.
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Initial disclosures under Fed. R. Civ. P. 26(a)(1) must be made within fourteen (14) days
of the meet-and-confer session.
A Rule 16 Initial Scheduling Conference will be held telephonically on Tuesday, March
10, 2026 at 1:30 p.m. The parties shall call the WebEx Conference line at (855) 244-8681
[Access Code 2306 150 0346] to connect to the proceedings. When prompted for an Attendee ID
number, press #. There may be a short wait before you are prompted for the Attendee ID number.
If you encounter technical difficulties, please hang up and redial or call Judge Yarbrough’s
chambers at (505) 348-2270.
At the Rule 16 scheduling conference, counsel must be prepared to discuss initial
disclosures; discovery needs and scheduling; the process for resolving discovery disputes;1 and
the timing of expert disclosures and reports under Fed. R. Civ. P. 26(a)(2). We will also discuss
settlement prospects. Client attendance is not required. If service on all parties is not complete,
plaintiff(s) appearing through counsel or pro se, is (are) responsible for notifying all parties of
the content of this Order.
____________________________________
UNITED STATES MAGISTRATE JUDGE
1 The Court will not entertain any motion to resolve a discovery dispute pursuant to Fed. R. Civ.
P. 26 through 37, or a motion to quash or modify a subpoena pursuant to Fed. R. Civ. P. 45(c),
unless the attorney for the moving party has conferred or has made reasonable effort to confer
with opposing counsel concerning the matter in dispute prior to the filing of the motion. Every
certification required by Fed. R. Civ. P. 26(c) and 37 and this rule related to the efforts of the
parties to resolve discovery or disclosure disputes must describe with particularity the steps taken
by all attorneys to resolve the issues in dispute. A “reasonable effort to confer” means more than
mailing or faxing a letter to the opposing party. It requires that the parties in good faith converse,
confer, compare views, consult, and deliberate, or in good faith attempt to do so. Absent
exceptional circumstances, parties should converse in person or telephonically.
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