IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

MARIA JUDITH DIAZ-CASTRO,

representing her minor age son

W.C.D.

Plaintiff CIVIL 16-2873CCC

vs

COMMONWEALTH OF PUERTO

RICO; JUAN J. COLON-BAEZ;

MARIO RIVERA-GEIGEL; LUIS

RIOS-DIAZ; LUIS NAVAS-DE LEON;

LEILANY CARRION-DEL TORO;

JOHN DOES 1-100

Defendants

CASE MANAGEMENT ORDER

The Court issues this Case Management Order pursuant to Fed. R. Civ.

P. 16(b). The purpose of the Case Management Order is to schedule and plan

the course of litigation to achieve a just, speedy and inexpensive determination

of this action. The Court expects that counsel will (1) be mindful that, as

officers of the Court, they are duty-bound to conduct themselves with utmost

civility and professionalism to each other and the Court, (2) faithfully adhere to

the Federal Rules of Civil Procedure and the Court’s Local Rules, (3) earnestly

attempt to resolve discovery disputes without the need for Court intervention.

I. CASE MANAGEMENT DEADLINES

The Court has organized the Case Management Order according to the

successive milestones that occur throughout the life of the average “standard

track” lawsuit. See Amended Civil Justice Expense and Delay Reduction Plan

for Implementation of the Civil Justice Reform Act of 1990 in the District of

Puerto Rico. The parties are advised that the Court has been lenient in

allocating time for completion of each milestone to avoid later amendments to

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CIVIL 16-2873CCC 2

the schedule. Unless the Court orders otherwise, the conditions and deadlines

set forth in this Order are binding on all parties and counsel.

A. Preliminary Deadlines

Any defendant who has not answered the complaint, notwithstanding

having filed a motion to dismiss or other dispositive motion, shall file the

answer within fifteen (15) days after notice of this order, unless the court has

already granted a specific term in which to answer the complaint by separate

order. All unidentified “John Doe” type defendants shall be identified by

their true names within thirty (30) days after notice of this order. Failure

to do so will result in their dismissal without prejudice.

B. Rule 26(a)(1) Initial Mandatory Disclosures

Pursuant to Fed. R. Civ. P. 26(a)(1), the parties must, without awaiting

a discovery request, provide to the other parties the following information:

(1) the names and, if known, the address and telephone numbers of each

individual likely to have discoverable information that the discovering party may

use to support its claims or defenses, unless solely for impeachment,

identifying the subjects of the information of all individuals who have

discoverable information regarding the case, (2) a copy of, or a description by

category and location of all documents, data compilations, and tangible things

that are in the possession, custody or control of the party and that the

disclosing party may use to support its claims or defenses, unless solely for

impeachment, (3) a computation of any category of damages claimed by the

disclosing party, making available for inspection and copying as under Rule 34

the documents or other evidentiary material, not privileged or protected from

disclosure, on which such computation is based, including materials bearing

on the nature and extent of injuries suffered, (4) for inspection and copying as

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CIVIL 16-2873CCC 3

under Rule 34 any insurance agreement under which any person carrying on

an insurance business may be liable to satisfy part or all of a judgment which

may be entered in the action or to indemnify or reimburse for payments made

to satisfy the judgment. See Fed. R. Civ. P. 26(a)(1)(A)-(D).

These Rule 26(a)(1) mandatory disclosures, if still not made, shall be

made by APRIL 28, 2017. The parties are reminded that they must make their

initial disclosures based on the information then reasonably available to them

and are not excused from making their disclosures because they have not fully

completed their investigation of the case or because they challenge the

sufficiency of another party’s disclosures or because another party has not

made its disclosure.

C. Rule 26(a)(2) Mandatory Disclosures of Expert Testimony

Pursuant to Rule 26(a)(2)(A), in addition to the disclosures required

above, a party shall disclose to other parties the identity of any person who

may be used at trial to present evidence under Rules 702, 703 or 705 Federal

Rules of Evidence. 

Pursuant to Rule 26(a)(2)(B):

[T]his disclosure shall, with respect to a witness who is retained or

specially employed to provide expert testimony in the case or

whose duties as an employee of the party regularly involve giving

expert testimony, be accompanied by a written report prepared and

signed by the witness. The report shall contain a complete

statement of all opinions to be expressed and the basis and

reasons therefor; the data or other information considered by the

witness in forming the opinions; any exhibits to be used as a

summary of or support for the opinions; the qualifications of the

witness, including a list of all publications authored by the witness

within the preceding ten years; the compensation to be paid for the

study and testimony; and a listing of any other cases in which the

witness has testified as an expert at trial or by deposition within the

preceding four years.

These Rule 26(a)(2)(B) mandatory disclosures on experts shall be made

in the following manner:

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(1) Plaintiff’s expert report is due sixty (60) days before expiration of the

discovery deadline.

(2) All defendant’s expert reports are due thirty (30) days before

expiration of the discovery deadline. The parties must file any objections under

Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 US 579 (1993), no later

than thirty (30) days after conclusion of discovery. Response(s) are due

twenty (20) days thereafter. Failure to raise objections within this timeframe

will be deemed to constitute a waiver of any Daubert challenge.

The parties are admonished that, pursuant to Rule 26(b)(4)(A) the

deposition of an expert witness shall not be conducted unless the report has

been timely provided pursuant to Section C(1) and (2) of this Order.

D. Discovery Deadline

The parties are GRANTED until SEPTEMBER 22, 2017 to conduct

discovery. By this deadline, all interrogatories and requests for admissions

must be answered and all depositions and examinations taken. This means

that interrogatories and requests for admissions must be served at least thirty

(30) days prior to the deadline and notice of depositions given within a

reasonable time within the deadline. The parties are advised that the discovery

period established herein will not be postponed or altered except for good

cause shown. Any motion seeking an extension of the discovery deadline must

be filed well in advance of the deadline, and shall contain the specific reasons

why the Court shall extend the discovery deadline as well as the extension

proposed. 

During the discovery period the parties shall engage in cooperative

efforts to conclude all their discovery. The parties will not be allowed to extend

discovery on their own by merely agreeing to do so. Nor may the parties stay

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CIVIL 16-2873CCC 5

the discovery by agreement. A stay of proceedings requires a Court order.

In the absence of a Court order, discovery shall continue even if there is a

dispositive motion pending. Any discovery problem which may not be solved

informally as required by the Local Rules of Procedure, shall be brought

promptly to the Court's attention. However, a party with a discovery dispute

must first confer with the opposing party in a good faith effort to resolve by

agreement the issues in dispute, as required by Local Civil Rule 26(b). If that

good faith effort is unsuccessful, the moving party may seek a prompt hearing

with a Magistrate Judge by telephone or in person. While any such problem

is pending resolution by the Court, discovery on all other matters shall

continue. The parties are reminded that they are not to file any discovery

papers with the Court other than as permitted by Local Civil Rule 26(c).

E. Dispositive Motions Deadline

Any dispositive motion shall be filed within thirty (30) days after the

conclusion of discovery. If not filed by said date, the arguments thereunder

shall be deemed waived. Any opposition will be filed within ten (10) days after

notice of the filing of the motion. If any reply to the opposition is needed, it

shall be filed only after requesting leave from the Court as required by Local

Civil Rule 7(c). No other pre-trial dispositive motion shall be filed without first

requesting and obtaining the Court's permission. The filing of dispositive

motions does not serve as a basis to vacate the pretrial and settlement

conference settings, nor does it interrupt discovery or suspend any of the

deadlines set in this Case Management Order. 

Notwithstanding the deadline established above, if a given issue is

mature for summary disposition the Court expects the parties to file a motion

under Fed. R. Civ. P. 56 as soon as the issue ripens. The Court advises

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CIVIL 16-2873CCC 6

counsel to be selective when filing summary judgment motions. Dispositive

motions as a whole are useful tools for managing certain kinds of issues and

cases, but they should be used sparingly, and only after a close examination

of the facts and applicable law. Motions anchored on tenuous grounds should

be avoided at all costs. 

The Court will not accept so-called motions “to dismiss and/or for

summary judgment.” The standard for deciding a Rule 12(b)(6) motion to

dismiss for failure to state a claim requires the Court to take all well-pleaded

allegations of fact as true, while the standard applicable to a Rule 56 motion

for summary judgment requires only that the Court indulge in favor of the

non-moving party all reasonable inferences arising from such facts as may

have been established by affidavit, deposition, or other such reliable method.

Furthermore, the requirements of Local Civil Rule 56 apply only to motions for

summary judgment. Filing hybrid motions is inappropriate and fosters only

confusion and delay.

Dispositive motions shall not exceed twenty-five (25) pages in length.

The Court will not consider motions which exceed that length unless the filing

party requests prior leave from the Court, and then only for good cause shown.

The Court reminds the parties that when moving for summary judgment

they are required to file, as an annex to the motion:

[A] separate, short, and concise statement of material facts, set

forth in numbered paragraphs, as to which the moving party

contends there is no genuine issue . . . to be tried. Each fact

asserted in the statement shall be supported by a record citation

as required by subsection (e) of [Local Civil Rule 56(e)].

See Local Civil Rule 56(b). The Court will deny any motion for summary

judgment that fails to comply with any part of this rule.

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CIVIL 16-2873CCC 7

F. Motions in Limine

Deadline for filing motions in limine will be established at the

Pretrial/Settlement Conference. 

G. Pretrial Conference

The pretrial conference will be held on FEBRUARY 21, 2018 at

5:00 PM. This conference will be governed by Fed. R. Civ. P. 16 and Local

Civil Rule 16(c), (d), (e), (f), (g) and (h). Each party shall be represented by the

attorney who expects to conduct the actual trial and each attorney shall be

familiar with the rules of pretrial aforementioned. 

Counsel are directed to meet informally at least fifteen (15) days prior to

the date of the pretrial conference to discuss settlement and if settlement

cannot be reached, to review, mark, and designate exhibits and depositions,

discuss and prepare the proposed Joint Pretrial Order. A sample of a Joint

Proposed Pretrial Order is available and may be requested from the

undersigned’s Courtroom Deputy Clerk. The proposed Joint Pretrial Order

shall be filed with the Clerk of the Court at least five (5) days before the

scheduled date for the pretrial conference. A courtesy copy of the Joint

Pretrial Order must be sent to the undersigned’s chambers. Counsel are

reminded that failure to participate in good faith in the preparation of the

required Joint Pretrial Order, or participating while being substantially

unprepared, are noncompliant acts under Fed. R. Civ. P. 16(f) and 41(b), that

may result in sanctions, including the payment of reasonable expenses

incurred by the noncompliance or fines levied upon attorneys personally;

dismissal of the complaint; the prohibition of certain witness' testimony and the

admission of facts. See Boettcher v. Hartford Insurance Co., 927 F.2d 23

(1st Cir. 1991); Vakalis v. Shawmut Corp., 925 F.2d 34, 36 (1st Cir. 1991).

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CIVIL 16-2873CCC 8

Once the Joint Proposed Pretrial Order is approved by the Court, it will

govern the trial proceedings and amendments will only be allowed by the Court

to prevent manifest injustice.

H. Settlement Conference

A settlement conference will also be held on FEBRUARY 21, 2018

at 5:00 PM. The Court will explore settlement prospects at the conference

because it believes that extrajudicial resolution of disputes is the most efficient

and effective way to end litigation. To that end, counsel must have their clients

available by telephone or in person for immediate consultation during the

settlement conference.

I. Trial

The jury trial in this action will be held on MAY 11, 2018 from

9:30 AM to 1:00 PM and from 2:00 PM to 5:00 PM. The parties are hereby

GRANTED a term of fifteen (15) days after notice to inform of any calendar

conflicts or other reasons which may justify a continuance of this setting. The

parties are admonished that if no objections are raised to this setting within the

term allowed, NO CONTINUANCES WILL LATER BE GRANTED. They are

expressly advised that trial will not be continued because counsel have agreed

to recommend a settlement. A trial date will be passed ONLY IF A

SETTLEMENT HAS BEEN FIRMLY BOUND.

1. Calendar conflicts

The parties are advised that pursuant to Local Civil Rule 3.2(f), the

following order of precedence is established to resolve calendar conflicts

amongst judicial officers:

a. Trials shall take precedence over all other hearings.

b. Jury trials shall take precedence over non-jury trials.

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CIVIL 16-2873CCC 9

c. Criminal cases shall take precedence over civil cases.

d. Criminal cases involving defendants in custody shall take

precedence over other criminal cases.

e. Among criminal cases not involving defendants who are in custody,

the case having the earliest docket number shall take precedence over the

others.

f. Among civil cases, the case having the earliest docket number shall

take precedence over the others.

Counsel are advised that, pursuant to said Rule, when there is a conflict

between court appearances they have the obligation to notify each Judge

involved, in writing, not later than three (3) business days after receipt of the

notice giving rise to the conflict, indicating the names and docket numbers of

each case and the date and time of the conflicting hearings.

2. Marking of exhibits

At least ten (10) working days before the date scheduled for trial, the

parties will meet to mark all evidence to be presented at trial and prepare an

exhibit list. A sample of the exhibit list form is available and may be requested

from the undersigned’s Courtroom Deputy Clerk. The parties must deliver the

exhibits and identifications, along with the typed list, to the Courtroom Deputy

Clerk at least five (5) days before the date of the trial. Each party is to prepare

its own separate list, and if there are any joint exhibits, a separate list for them

shall also be prepared. The exhibits for the plaintiff(s) are to be marked with

numbers, those for the defendant(s) with letters, and the joint exhibits with

Roman numerals. 

In filling out the exhibit list forms, the boxes for the dates shall be left

blank. The Courtroom Deputy Clerk will fill them on the first day of trial. In the

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“marked” box the parties shall indicate “E” for exhibit or “ID” for identification.

If and when the Court admits an identification, and it becomes an exhibit, the

Courtroom Deputy Clerk will indicate in the “admitted” box the appropriate date.

The parties shall provide a short description of the exhibit, but do not have to

identify the witness that will be used to present it. Any questions on how to fill

the forms may be addressed to the Courtroom Deputy Clerk who will be

available to assist the parties.

Failure to comply with this procedure shall result in the imposition of

sanctions, including the exclusion of the exhibit or identification at trial.

The parties are reminded that all exhibits must be officially translated into

English before they are marked. This includes any deposition transcripts or

parts thereof that will be used at trial whether as evidence or for impeachment

purposes. The Court will strictly enforce this translation requirement and will

not admit any exhibit which is not in English. See U.S. v. Rivera-Rosario,

300 F.3d 1 (1st Cir. 2002).

Additionally, the parties are advised that it is the policy of this Court that

the party who presents Spanish-speaking witnesses must pay the interpreter.

This interpreter must be certified by the Administrative Office of the

U.S. Courts. The Court only provides interpreters for criminal proceedings. 

3. Proposed Voir Dire and Jury Instructions

The basic voir dire and jury instructions are, in general, prepared by the

Court. The parties shall not submit instructions of the type that are

ordinarily used in every case. They shall submit only special instructions or

wording that they believe necessary for the specific facts of their case. 

Instructions should be carefully reviewed prior to submission. The Court is not

interested in receiving a panoply of possible suggested instructions from which

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to choose, for each point. One for each specific point will suffice and

differences in specific wording will be resolved at the charge conference. 

In an effort to streamline and facilitate the compilation of the instructions,

the attorneys shall follow the requested format. Submissions not complying

with these requirements will not be considered. 

a. Any preliminary jury instructions shall be packaged with the

proposed voir dire.

b. Each instruction shall appear on a separate page, and be numbered

and identified as to the party: e.g. Plaintiff’s Proposed Instruction #1.

c. Each instruction shall have a caption identifying its contents, e.g.

Interstate Commerce - Definition.

d. Each instruction shall be followed by a citation to a source, either an

accepted pattern book or supporting case law. Instructions taken from pattern

books must be from the current edition and be identified by the year as well as

the title.

e. All instructions supported by case law, treatises, articles, and the

like, shall include as an addendum photocopies of the complete cases or

materials cited therein. Each photocopy shall be identified as to which

instruction number(s) it supports, and the specific section supporting each

instruction should be either highlighted or marked with brackets. The copies

of cases and materials should not be filed.

Requested voir dire and instructions shall be filed no later than seven (7)

working days before trial. Two sets of working copies and one set of

photocopies of supporting cases shall be delivered to chambers, in

addition to the set filed.

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Parties failing to timely file their instructions, or to fully comply with

the requirements for courtesy copies and case photocopies will waive

their right to propose instructions.

II. SANCTIONS FOR FAILURE TO COMPLY WITH THE CASE

MANAGEMENT ORDER

The parties are advised that failure to comply with any part of this Order

will result in the imposition of appropriate sanctions.

SO ORDERED.

At San Juan, Puerto Rico, on March 28, 2017.

S/CARMEN CONSUELO CEREZO 

United States District Judge

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