Basin Acquisition Corporation v. Mazda Motor of America, Inc.
Plaintiff: Basin Acquisition Corporation doing business as Performance Mazda
Defendant: Mazda Motor of America, Inc. doing business as Mazda North American Operations
Intervenor: Hi Country M/M, Inc.
Case Number: 1:2011cv00179
Filed: February 23, 2011
Court: US District Court for the District of New Mexico
Office: Albuquerque Office
County: San Juan
Presiding Judge: John E Conway
Referring Judge: Alan C Torgerson
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 15, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2011 Filing 49 STIPULATED ORDER of Dismissal by Senior District Judge John E. Conway granting Parties' #48 Stipulated Motion to Dismiss this matter with prejudice (bap)
December 13, 2011 Filing 48 MOTION to Dismiss by Basin Acquisition Corporation. (Attachments: #1 Order)(Briones, Brian)
December 13, 2011 The parties having filed a stipulated Motion to Dismiss, the hearing on the Order to Show Cause [Doc. 46] is hereby vacated. (ns) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 20, 2011 Opinion or Order Filing 47 ORDER by Magistrate Judge Alan C. Torgerson granting #44 Motion for Extension of Time to File Pretrial Motions. Defendant has sixty (60) days from Court's ruling on Motion for Partial Summary Judgment to file pretrial motions. (kc)
November 18, 2011 Opinion or Order Filing 46 ORDER TO SHOW CAUSE by Magistrate Judge Alan C. Torgerson. Show Cause Hearing set for 12/14/2011 at 09:30 AM in Albuquerque - 520 Gila Courtroom before Magistrate Judge Alan C. Torgerson. (kc)
November 15, 2011 Opinion or Order Filing 45 ORDER OF REFERENCE by Senior District Judge John E. Conway re #27 MOTION for Partial Summary Judgment filed by Mazda Motor of America, Inc. re #40 MOTION for Sanctions by Mazda Motor Modified on 11/16/2011 to add linkage (bap).
November 14, 2011 Filing 44 MOTION for Extension of Time to File Pre-Trial Motions by Mazda Motor of America, Inc.. (Tucker, Robert)
November 9, 2011 Opinion or Order Filing 43 ORDER by Magistrate Judge Alan C. Torgerson denying #42 Motion to Extend Deadline for Filing Pre-Trial Motions. (kc)
November 3, 2011 Filing 42 MOTION for Extension of Time to File Pre-Trial Motions and Memorandum in Support by Mazda Motor of America, Inc.. (Tucker, Robert) Modified text on 11/4/2011 (bap).
October 18, 2011 Filing 41 MEMORANDUM in Support re #40 MOTION for Sanctions filed by Mazda Motor of America, Inc.. (Attachments: #1 Exhibit A-Declaration of Robert J. Tucker)(Tucker, Robert)
October 18, 2011 Filing 40 MOTION for Sanctions by Mazda Motor of America, Inc.. (Tucker, Robert)
October 3, 2011 Opinion or Order Filing 39 MEMORANDUM OPINION AND ORDER by Magistrate Judge Alan C. Torgerson granting #32 Motion for Discovery; granting #37 Motion to Compel. (kc)
September 23, 2011 Filing 38 MEMORANDUM in Support re #37 First MOTION to Compel Responses to Discovery from Basin Acquisition Corp. dba Performance Mazda filed by Mazda Motor of America, Inc.. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3)(Tucker, Robert)
September 23, 2011 Filing 37 First MOTION to Compel Responses to Discovery from Basin Acquisition Corp. dba Performance Mazda by Mazda Motor of America, Inc.. (Tucker, Robert)
September 19, 2011 Filing 36 CERTIFICATE OF SERVICE by Mazda Motor of America, Inc. of Responses to Plaintiff's Request for Production of Documents (McNellie, Elizabeth) Modified text on 9/20/2011 (bap).
August 23, 2011 Filing 35 RESPONSE in Opposition re #32 MOTION for Discovery to Withdraw Admissions filed by Mazda Motor of America, Inc.. (Attachments: #1 Exhibit A - Mazda's First Discovery Requests to Plaintiff, #2 Exhibit B - Plaintiff's Initial Disclosures)(Tucker, Robert)
August 17, 2011 Filing 34 CERTIFICATE OF SERVICE by Basin Acquisition Corporation of Request for Production of Documents (Briones, Brian) Modified text on 8/18/2011 (bap).
August 15, 2011 Filing 33 MEMORANDUM in Support re #32 MOTION for Discovery to Withdraw Admissions filed by Basin Acquisition Corporation. (Briones, Brian)
August 15, 2011 Filing 32 MOTION for Discovery to Withdraw Admissions by Basin Acquisition Corporation. (Briones, Brian)
August 12, 2011 Filing 31 NOTICE by Mazda Motor of America, Inc. re #27 MOTION for Partial Summary Judgment of Completion of Briefing (Tucker, Robert)
August 12, 2011 Filing 30 Corporate Disclosure Statement by Mazda Motor of America, Inc. identifying Corporate Parent Mazda Motor Corporation for Mazda Motor of America, Inc.. (Tucker, Robert)
August 1, 2011 Filing 29 MEMORANDUM OPINION AND ORDER by Senior District Judge John E. Conway Granting Hi Country's #20 MOTION to Intervene; Granting Plaintiff's #15 First MOTION to Amend/Correct Complaint and Denying Defendant's Request to Stay Discovery in its #23 Response to Motion to Intervene. (bap)
July 30, 2011 Filing 28 Clerk's Minutes for proceedings held before Magistrate Judge Alan C. Torgerson: Discovery Status Conference held on 7/25/2011. (kc)
July 22, 2011 Filing 27 MOTION for Partial Summary Judgment by Mazda Motor of America, Inc.. (Attachments: #1 Exhibit 1 - Memorandum in Support, #2 Exhibit 2, #3 Exhibit 3)(Tucker, Robert)
July 13, 2011 Filing 26 Clerk's Minutes for proceedings held before Magistrate Judge Alan C. Torgerson: Status Conference held on 7/12/2011. Telephone Discovery Status Conference set for 7/25/2011 at 01:30 PM before Magistrate Judge Alan C. Torgerson. The parties are to call chambers on the "meet-me-conference line" at (505) 348-2688. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
July 12, 2011 Opinion or Order Filing 25 ORDER by Magistrate Judge Alan C. Torgerson granting #21 Motion for Admission Pro Hac Vice of Attorney Shawn D. Mercer and Attorney Jason T. Allen on behalf of Intervenor Movant Hi Country M/M Inc. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
July 1, 2011 Filing 24 REPLY to Response to Motion re #20 MOTION to Intervene filed by Hi Country M/M, Inc.. (Tucker, Gregory)
June 22, 2011 Filing 23 RESPONSE to Motion re #20 MOTION to Intervene filed by Mazda Motor of America, Inc.. (Tucker, Robert)
June 17, 2011 Filing 22 Answer of Defendant Mazda Motor of America DBA Mazda North America Operations to Plaintiff's First Amended Complaint ANSWER to Complaint (Notice of Removal) by Mazda Motor of America, Inc.. (Tucker, Robert)
June 8, 2011 Filing 21 MOTION for Pro Hac Vice Admission of Shawn D. Mercer and Jason T. Allen Hi Country M/M, Inc. (Attachments: #1 Affidavit Affidavit of Non-Admitted Lawyer- Shawn Mercer, #2 Affidavit Affidavit of Non-Admitted Lawyer- Jason T. Allen, #3 Exhibit Shawn Mercer, #4 Exhibit Jason Allen)(Tucker, Gregory) Modified restriction level on 6/20/2011 (yc)
June 8, 2011 Filing 20 MOTION to Intervene by Hi Country M/M, Inc. (Attachments: #1 Supplement Memorandum Brief, #2 Exhibit Complaint)(Tucker, Gregory) Modified restriction level on 6/20/2011 (yc)
June 8, 2011 Filing 19 NOTICE of Appearance by Gregory M Tucker on behalf of Hi Country M/M, Inc. (Tucker, Gregory)
June 6, 2011 Filing 18 CERTIFICATE OF SERVICE by Mazda Motor of America, Inc. Regarding First Requests for Admission, Interrogatories and Requests For Production of Documents Upon Plaintiff (Tucker, Robert)
June 6, 2011 Filing 17 NOTICE OF WITHDRAWAL OF DOCUMENT as to document #16 Notice (Other) by Mazda Motor of America, Inc. (Tucker, Robert)
June 3, 2011 Filing 16 "DOCUMENT WITHDRAWN" pursuant to doc. #17 NOTICE by Mazda Motor of America, Inc. Notice of Serving First Requests for Admission, Interrogatories and Requests for Production of Documents (Tucker, Robert) Modified text on 6/7/2011 (bap).
June 1, 2011 Filing 15 First MOTION to Amend/Correct Complaint by Basin Acquisition Corporation. (Attachments: #1 Supplement, #2 Exhibit)(Briones, Brian)
May 20, 2011 Opinion or Order Filing 14 ORDER by Magistrate Judge Alan C. Torgerson Adopting Joint Status Report and Provisional Discovery Plan With Changes and Setting Case Management Deadlines. Discovery due by 9/16/2011; Plaintiff's Expert Witness List due by 6/20/2011; Defendant's Expert Witness List due by 7/20/2011; Discovery Motions due by 9/26/2011; Pretrial Motions due by 11/3/2011; Pretrial Order Plaintiff to Defendant due by 12/8/2011; Pretrial Order Defendant to Court due by 12/19/2011; Plaintiff has until 6/1/2011 to add parties or amend pleadings; Defendant has until 7/1/2011 to add parties or amend pleadings. Rule 16 Telephone Discovery Status Conference set for 7/12/2011 at 01:30 PM before Magistrate Judge Alan C. Torgerson. The parties are to call chambers at the "meet-me-conference line" at (505) 348-2688.(kc)
May 20, 2011 Filing 13 Clerk's Minutes for proceedings held before Magistrate Judge Alan C. Torgerson: Scheduling Conference held on 5/19/2011. (kc)
May 9, 2011 Filing 12 Joint Status Report and Provisional Discovery Plan by Basin Acquisition Corporation, Mazda Motor of America, Inc. (Tucker, Robert)
April 18, 2011 Filing 11 MINUTE ORDER reassigning case to Senior United States District Judge John E. Conway. United States Magistrate Judge Don J. Svet is no longer assigned to case per Clerk of the Court. (jm)
April 11, 2011 Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Mazda Motor of America, Inc. voluntarily consents to have United States Magistrate Judge Don J. Svet conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Tucker, Robert)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 1, 2011 Filing 9 NOTICE OF IMPENDING REASSIGNMENT by Magistrate Judge Don J. Svet (kjg)
March 16, 2011 Opinion or Order Filing 8 INITIAL SCHEDULING ORDER: by Magistrate Judge Alan C. Torgerson. Joint Status Report due by 5/9/2011. Scheduling Conference set for 5/19/2011 at 01:30 PM in Albuquerque - 670 Judge Alan C. Torgerson Chambers before Magistrate Judge Alan C. Torgerson. (kc)
March 8, 2011 Filing 7 NOTICE of Filing Notice of Removal by Mazda Motor of America, Inc. (Ewing, Monica) Modified docket text on 3/9/2011 (kdf).
March 4, 2011 Opinion or Order Filing 6 ORDER by Magistrate Judge Alan C. Torgerson granting #4 Defendant's Motion for Admission Pro Hac Vice of Elizabeth A. McNellie and Robert J. Tucker. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
February 25, 2011 Filing 5 ANSWER to Complaint (Notice of Removal) of Defendant Mazda Motor of America d/b/a Mazda North America Operations by Mazda Motor of America, Inc.. (Ewing, Monica)
February 25, 2011 Filing 4 MOTION for Pro Hac Vice Elizabeth A. McNellie and Robert J. Tucker by Mazda Motor of America, Inc.. (Ewing, Monica)
February 23, 2011 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Don J. Svet to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmcourt.fed.us for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdf)
February 23, 2011 Filing 2 APPENDIX/SUPPLEMENT re #1 Notice of Removal, Civil Cover Sheet by Mazda Motor of America, Inc. (Ewing, Monica)
February 23, 2011 Filing 1 NOTICE OF REMOVAL by Mazda Motor of America, Inc., d/b/a Mazda North American Operations from Eleventh Judicial District Court of New Mexico, case number D-116-CV-2011-099-1. ( Filing Fee - Online Payment), filed by Mazda Motor of America, Inc., d/b/a Mazda North American Operations. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ewing, Monica)
February 23, 2011 Filing Fee Received: $ 350 receipt number 1084-1894728 re #1 Notice of Removal, filed by Mazda Motor of America, Inc., d/b/a Mazda North American Operations (Payment made via Pay.gov)(Ewing, Monica)
February 23, 2011 Magistrate Judge Don J. Svet and Magistrate Judge Alan C. Torgerson assigned. (kdf)

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Plaintiff: Basin Acquisition Corporation doing business as Performance Mazda
Represented By: Brian P Briones
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Defendant: Mazda Motor of America, Inc. doing business as Mazda North American Operations
Represented By: Robert J. Tucker
Represented By: Elizabeth A McNellie
Represented By: Monica C Ewing
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Intervenor: Hi Country M/M, Inc.
Represented By: Shawn D Mercer
Represented By: Jason T Allen
Represented By: Gregory M Tucker
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