Nix v. New Mexico Department of Public Safety et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
COLLEEN NIX,
Plaintiff,
v. No. 1:24-cv-00691-KG-LF
NEW MEXICO DEPARTMENT
OF PUBLIC SAFETY, et al.,
Defendants.
ORDER TO SUPPLEMENT
This matter is before the Court on Plaintiff Colleen Nix’s Motion to Exclude Affidavit and
Testimony of Dr. Steven Fishburn, Doc. 110, and Defendant Kevin Keiner’s Response, Doc. 129.
Defendant, as the proponent of the challenged expert testimony, bears the burden of establishing its
admissibility by a preponderance of the evidence. United States v. Nacchio, 555 F.3d 1234, 1241
(10th Cir. 2009). Although Defendant submitted an affidavit from Dr. Fishburn in support of
summary judgment, Doc. 50-6, the present record is insufficient for the Court to evaluate the
admissibility of the proposed testimony under Rule 702 and Daubert.
Therefore, Defendant must supplement the record within 14 days of this Order by filing any
expert report prepared by Dr. Fishburn. If no report exists, Defendant must explain why no report
was required and disclose: (1) Dr. Fishburn’s opinions; (2) his methodology; and (3) the facts and
materials considered. After supplementation, the Court will determine whether a Daubert hearing is
necessary.
IT IS SO ORDERED.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the
NEF (Notice of Electronic Filing)
accompanying this document. Electronically
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PACER public access system.
Case 1:24-cv-00691-KG-LF Document 146 Filed 05/27/26 Page 1 of 1