Greenbaum et al v. Bailey et al
| Victor Jury, Neal Greenbaum, Dale Armstrong and Gail Armstrong |
| Amy Bailey and City of Albuquerque Board of Ethics and Campaign Practices |
| Committee to Elect Pete Dinelli Mayor |
| Giant Cab Company and Robert Torch |
| New Mexico Attorney General |
| 1:2013cv00426 |
| May 6, 2013 |
| US District Court for the District of New Mexico |
| Albuquerque Office |
| Bernalillo |
| M Christina Armijo |
| Alan C Torgerson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 29, 2015. A more recent docket listing may be available from PACER.
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Filing 87
ORDER by Chief Judge M. Christina Armijo denying #83 Motion for Attorney Fees (vv)
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Filing 86
ORDER by Chief Judge M. Christina Armijo finding as moot #71 Motion for Attorney Fees [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (caw)
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| Filing 85 REPLY to Response to Motion re #83 MOTION for Attorney Fees Pursuant to 42 U.S.C 1988 filed by Giant Cab Company. (Hunter, Colin) |
| Filing 84 RESPONSE in Opposition re #83 MOTION for Attorney Fees Pursuant to 42 U.S.C 1988 filed by Committee to Elect Pete Dinelli Mayor. (Cadigan, Michael) |
| Filing 83 MOTION for Attorney Fees Pursuant to 42 U.S.C 1988 by Giant Cab Company. (Attachments: #1 Affidavit Colin Hunter, #2 Affidavit James Dory, #3 Affidavit Christopher Cunningham, #4 Affidavit Jason Bowles, #5 Affidavit Alfred Park)(Hunter, Colin) |
| Filing 82 MANDATE of USCA dismissing #72 Notice of Appeal filed by Committee to Elect Pete Dinelli Mayor (Attachments: #1 Exhibit, #2 Exhibit)(vv) |
| Filing 81 BRIEFING SCHEDULE to USCA for brief by Appellant(s) re #72 Notice of Appeal. (eh) |
| Filing 80 Court Reporter Julie Goehl estimates date of 10/20/2013 for completion of the transcripts ordered for the notice of appeal. Re: #72 Notice of Appeal. (eh) |
| Filing 79 TRANSCRIPT ORDER FORM by Committee to Elect Pete Dinelli Mayor requesting the proceedings held on 06/25/2013 be transcribed for the #72 Notice of Appeal (Cadigan, Michael) |
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Filing 78
ORDER by Chief Judge M. Christina Armijo granting #77 Motion for Extension of Time to File [This is a text-only entry; no document is attached.] (cv)
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| Filing 77 Unopposed MOTION for Extension of Time to File Response to Motion for Attorney Fees by Amy Bailey. (Cash, Paul) |
| Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, Telephonic Hearing, held on June 25, 2013, before Judge M. Christina Armijo. Court Reporter/Transcriber Julie Goehl, Telephone number 505-348-2209. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at www.nmcourt.fed.us. Transcripts may be purchased from the court reporter and/or viewed (but not copied) at the Clerk's Office public terminal within the 90-day period. Notice of Intent to Request Redaction set for 10/15/2013. Redaction Request due 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/6/2014.(jg) |
| Filing 75 USCA Information Letter with Case Number 13-2176 for #72 Notice of Appeal filed by Committee to Elect Pete Dinelli Mayor. (eh) |
| Filing 74 Transmission of Preliminary Record to US Court of Appeals re #72 Notice of Appeal (eh) |
| Filing 73 USCA Appeal Fees received $ 455 receipt number ALB024136 re #72 Notice of Appeal filed by Committee to Elect Pete Dinelli Mayor (vv) |
| Filing 72 NOTICE OF APPEAL as to #70 Judgment by Committee to Elect Pete Dinelli Mayor. (Filing Fee - Deliver Payment) (Cadigan, Michael) |
| Filing 71 MOTION for Attorney Fees and Expenses by Giant Cab Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bowles, Jason) |
| Filing 70 JUDGMENT by Chief Judge M. Christina Armijo (cab) |
| Filing 69 FINDINGS OF FACT AND CONCLUSIONS OF LAW by Chief Judge M. Christina Armijo (cab) |
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Filing 68
ORDER on Order to Show Cause by Chief Judge M. Christina Armijo, dismissing action as to Plaintiffs Neal Greenbaum, Victor Jury, Gail Armstrong, and Dale Armstrong, and Plaintiff-in-Intervention Robert Torch. (cv)
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Filing 67
ORDER by Magistrate Judge Alan C. Torgerson Vacating Rule 16 Scheduling Conference. Rule 16 Initial Scheduling Conference set for 8/19/2013 is VACATED pending ruling on declaratory and injunctive relief. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
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| Filing 66 AFFIDAVIT re #65 Order Affidavit of Michael Cadigan Regarding Authenticity of DVD by Committee to Elect Pete Dinelli Mayor (Cadigan, Michael) |
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Filing 65
ORDER by Chief Judge M. Christina Armijo directing Intervenor Committee to Elect Pete Dinelli Mayor to authenticate DVD (cv)
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Filing 64
AMENDED ORDER by Magistrate Judge Alan C. Torgerson Setting Rule 16 Scheduling Conference. Scheduling Conference set for 8/19/2013 at 02:30 PM in Albuquerque - 670 Judge Alan C. Torgerson Chambers before Magistrate Judge Alan C. Torgerson. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (as)
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Filing 63
ORDER by Magistrate Judge Alan C. Torgerson Vacating and Rescheduling Rule 16 Initial Scheduling Conference. Scheduling Conference set for 8/15/2013 is VACATED and rescheduled for 8/19/2013 at 02:30 PM in Albuquerque - 670 Judge Alan C. Torgerson Chambers before Chief Judge M. Christina Armijo. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (as)
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| Filing 62 NOTICE of Briefing Complete by Dale Armstrong, Gail Armstrong, Neal Greenbaum, Victor Jury re #54 MOTION to Strike the Amicus Curiae Brief of the Attorney General and All Exhibits filed by Victor Jury, Neal Greenbaum, Gail Armstrong, Dale Armstrong (Park, Alfred) |
| Filing 61 REPLY to Response to Motion re #54 MOTION to Strike the Amicus Curiae Brief of the Attorney General and All Exhibits filed by Dale Armstrong, Gail Armstrong, Neal Greenbaum, Victor Jury. (Park, Alfred) |
| Filing 60 NOTICE of Briefing Complete by Dale Armstrong, Gail Armstrong, Neal Greenbaum, Victor Jury re #55 MOTION to Strike the Affidavit of Kristina Caffrey Regarding Legislative History filed by Victor Jury, Neal Greenbaum, Gail Armstrong, Dale Armstrong (Park, Alfred) |
| Filing 59 REPLY to Response to Motion re #55 MOTION to Strike the Affidavit of Kristina Caffrey Regarding Legislative History filed by Dale Armstrong, Gail Armstrong, Neal Greenbaum, Victor Jury. (Park, Alfred) |
| Filing 58 MEMORANDUM in Opposition to Plaintiffs Motion to Strike the Amicus Curiae Brief filed by New Mexico Attorney General. (Baca, Phillip) |
| Filing 57 RESPONSE in Opposition re #55 MOTION to Strike the Affidavit of Kristina Caffrey Regarding Legislative History filed by Committee to Elect Pete Dinelli Mayor. (Cadigan, Michael) |
| Filing 56 NOTICE by Giant Cab Company re #55 MOTION to Strike the Affidavit of Kristina Caffrey Regarding Legislative History, #54 MOTION to Strike the Amicus Curiae Brief of the Attorney General and All Exhibits of Joinder (Bowles, Jason) |
| Filing 55 MOTION to Strike the Affidavit of Kristina Caffrey Regarding Legislative History by Dale Armstrong, Gail Armstrong, Neal Greenbaum, Victor Jury. (Park, Alfred) |
| Filing 54 MOTION to Strike the Amicus Curiae Brief of the Attorney General and All Exhibits by Dale Armstrong, Gail Armstrong, Neal Greenbaum, Victor Jury. (Park, Alfred) |
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Filing 53
ORDER by Chief Judge M. Christina Armijo. All parties having consented, the Motion to Intervene of Robert Torch and Giant Cab Co.,[Doc 17]is hereby granted. [This is a text only entry; no document is attached.] (cv)
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| Filing 52 Plaintiffs' Joint REPLY to Court's Order to Show Cause re #46 Order filed by Neal Greenbaum. (Hunter, Colin) |
| Filing 51 APPENDIX/SUPPLEMENT re #50 Reply to Response to Motion to Plaintiffs' Joint Motion for Preliminary Injunction [Doc. 24] by Neal Greenbaum (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Hunter, Colin) |
| Filing 50 REPLY to Response to Motion re #24 Joint MOTION for Preliminary Injunction and Memorandum in Support Thereof filed by Neal Greenbaum. (Hunter, Colin) Modified text on 7/12/2013 (eh). |
| Filing 49 REPLY to Response to Motion re #28 Emergency MOTION for Temporary Restraining Order Directing Defendant Board of Campaign Practices not to Meet Regarding the Legality of Plaintiffs' Contributions, #23 Joint MOTION for Preliminary Injunction by Plaintiffs and Proposed Intervenor-PlaintiffsJoint MOTION for Permanent Injunction by Plaintiffs and Proposed Intervenor-Plaintiffs, #24 Joint MOTION for Preliminary Injunction and Memorandum in Support ThereofJoint MOTION for Permanent Injunction and Memorandum in Support Thereof filed by Giant Cab Company. (Bowles, Jason) |
| Filing 48 NOTICE by New Mexico Attorney General Notice of Filing of Supplement to Amicus Brief (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement)(Baca, Phillip) |
| Filing 47 Defendants' RESPONSE re #36 Order on Motion for TRO filed by Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices. (Cash, Paul) |
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Filing 46
ORDER by Chief Judge M. Christina Armijo directing Amicus New Mexico Attorney General's Office to supplement brief (cv)
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| Filing 45 AFFIDAVIT re #36 Order on Motion for TRO of Anne Ekern by Neal Greenbaum (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Hunter, Colin) |
| Filing 44 NOTICE by Committee to Elect Pete Dinelli Mayor re #36 Order on Motion for TRO Notice of Filing of Affidavits (Attachments: #1 Affidavit)(Cadigan, Michael) |
| Filing 43 NOTICE by Giant Cab Company re #36 Order on Motion for TRO (Attachments: #1 Exhibit)(Bowles, Jason) |
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Filing 42
ORDER TO SHOW CAUSE by Chief Judge M. Christina Armijo. Show Cause Response due by 7/11/2013. (eh)
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| Filing 41 BRIEF Amicus Brief in Opposition to Motion for Preliminary Injunction by New Mexico Attorney General (Baca, Phillip) |
| Filing 40 "FILED IN ERROR" MEMORANDUM in Opposition Amicus Brief in Opposition to Motion for preliminary injunction filed by New Mexico Attorney General. (Baca, Phillip) Modified text on 7/15/2013 (eh). |
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Filing 39
ORDER by Chief Judge M. Christina Armijo granting #38 Motion for Leave to File (eh)
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| Filing 38 MOTION for Leave to File Amicus Brief by New Mexico Attorney General (Baca, Phillip) Modified text on 6/28/2013 (yc). |
| Filing 37 NOTICE of Appearance by Phillip P. Baca on behalf of New Mexico Attorney General (Baca, Phillip) Modified text on 6/28/2013 (yc). |
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Filing 36
ORDER by Chief Judge M. Christina Armijo denying #28 Motion for TRO (cab)
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| Filing 35 Clerk's Minutes for proceedings held before Chief Judge M. Christina Armijo: Telephone Conference held on 6/25/2013. (Court Reporter J. Goehl) (eh) |
| Filing 34 RESPONSE to Motion re #23 Joint MOTION for Preliminary Injunction by Plaintiffs and Proposed Intervenor-Plaintiffs filed by Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices. (Wheeler, Gregory) Modified text on 6/25/2013 (eh). |
| Filing 33 RESPONSE in Support re #21 MOTION to Expedite Briefing Schedule filed by Neal Greenbaum. (Hunter, Colin) |
| Filing 32 INTERVENOR COMMITTEE TO ELECT PETE DINELLI MAYORS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION re #24 Joint MOTION for Preliminary Injunction and Memorandum in Support Thereof filed by Committee to Elect Pete Dinelli Mayor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cadigan, Michael) Modified text on 6/25/2013 (eh). |
| Filing 31 NOTICE of Telephonic Status Conference: set for 6/25/2013 at 10:30 AM in Albuquerque.COUNSEL SHALL CALL THE COURTS MEET ME CONFERENCE LINE AT 505-348-2317 TO PARTICIPATE IN THE TELEPHONIC CONFERENCE(cab)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 30 Clerk's Minutes for proceedings held before Magistrate Judge Alan C. Torgerson: Rule 16 Status Conference held on 6/17/2013. Motion for Preliminary Injunction [Doc. 23], Motion to Expedite Briefing [Doc. 21] and Motion to Dismiss [Doc. 11] are pending. Counsel advised that they will need to bring these matters to the attention of Judge Armijo. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (as) |
| Filing 29 RESPONSE in Opposition re #28 Emergency MOTION for Temporary Restraining Order Directing Defendant Board of Campaign Practices not to Meet Regarding the Legality of Plaintiffs' Contributions INTERVENOR COMMITTEE TO ELECT PETE DINELLI MAYORS OPPOSITION TO PLAINTIFFS EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER filed by Committee to Elect Pete Dinelli Mayor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cadigan, Michael) |
| Filing 28 Emergency MOTION for Temporary Restraining Order Directing Defendant Board of Campaign Practices not to Meet Regarding the Legality of Plaintiffs' Contributions by Neal Greenbaum. (Hunter, Colin) |
| Filing 27 ***FILED IN ERROR*** Emergency MOTION for Preliminary Injunction Limited to Preventing Defendant Board of Campaign Practices from Meeting Regarding the Legality of Plaintiffs' Contributions by Neal Greenbaum. (Hunter, Colin) Modified text on 6/18/2013, per attorneys call on the help desk line will refile (kg). |
| Filing 26 RESPONSE in Opposition re #21 MOTION to Expedite Intervenor's Opposition to Expedited Briefing Schedule filed by Committee to Elect Pete Dinelli Mayor. (Cadigan, Michael) |
| Filing 25 REPLY to Response to Motion re #11 First MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted filed by Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices. (Wheeler, Gregory) |
| Filing 24 Joint MOTION for Preliminary Injunction and Memorandum in Support Thereof by Neal Greenbaum. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Hunter, Colin) Modified text on 6/17/2013 (eh). |
| Filing 23 Joint MOTION for Preliminary Injunction by Plaintiffs and Proposed Intervenor-Plaintiffs by Neal Greenbaum. (Hunter, Colin) Modified text on 6/17/2013 (eh). |
| Filing 22 REPLY to Response to Motion re #11 First MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted INTERVENOR COMMITTEE TO ELECT PETE DINELLI MAYORS REPLY IN SUPPORT OF DEFENDANTS BAILEY AND THE BOARDS MOTION TO DISMISS filed by Committee to Elect Pete Dinelli Mayor. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cadigan, Michael) |
| Filing 21 MOTION to Expedite by Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices. (Attachments: #1 Exhibit Affidavit (Exhibit A))(Wheeler, Gregory) |
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Filing 20
ORDER by Magistrate Judge Alan C. Torgerson Vacating and Rescheduling Rule 16 Telephonic Status Conference. Status Conference set for 6/13/2013 is VACATED and reset for 6/17/2013 at 04:00 PM. 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.] (as)
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Filing 19
ORDER by Magistrate Judge Alan C. Torgerson Setting Rule 16 Telephonic Status Conference. Status Conference set for 6/13/2013 at 03:30 PM. 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.] (as)
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Filing 18
INITIAL SCHEDULING ORDER: by Magistrate Judge Alan C. Torgerson Joint Status Report due by 8/5/2013. Scheduling Conference set for 8/15/2013 at 01:30 PM in Albuquerque - 670 Judge Alan C. Torgerson Chambers before Magistrate Judge Alan C. Torgerson. (as)
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| Filing 17 MOTION to Intervene by Victor Jury, Robert Torch. (Attachments: #1 Exhibit)(Bowles, Jason) |
| Filing 16 NOTICE of Appearance by Jason Bowles on behalf of Robert Torch, Giant Cab Company (Bowles, Jason) |
| Filing 15 RESPONSE in Opposition re #11 First MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted and to Intervenor-Defendant Pete Dinelli's Brief in Support Thereof filed by Neal Greenbaum. (Hunter, Colin) |
| Filing 14 MEMORANDUM in Support re #11 First MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted filed by Committee to Elect Pete Dinelli Mayor. (Cadigan, Michael) |
| Filing 13 First Intervenor COMPLAINT, filed by Committee to Elect Pete Dinelli Mayor.(Cadigan, Michael) |
| Filing 12 BRIEF in Support of #11 First MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted Brief in Support of Motion to Dismiss Complaint by Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices (Wheeler, Gregory) Modified text on 5/14/2013 (eh). |
| Filing 11 First MOTION to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can be Granted by Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices. (Wheeler, Gregory) |
| Filing 10 NOTICE of Appearance by Gregory S. Wheeler on behalf of Amy Bailey, City of Albuquerque Board of Ethics and Campaign Practices (Wheeler, Gregory) |
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Filing 9
ORDER by Chief Judge M. Christina Armijo granting #7 Motion for Leave to File (sls)
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| Filing 8 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 4. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dc) |
| Filing 7 MOTION for Leave to File Complaint in Intervention by Committee to Elect Pete Dinelli Mayor. (Cadigan, Michael) |
| Filing 6 NOTICE of Appearance by Michael J Cadigan on behalf of Committee to Elect Pete Dinelli Mayor (Cadigan, Michael) |
| Filing 5 PLEASE TAKE NOTICE that this case has been reassigned to Chief Judge M. Christina Armijo as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Lorenzo F. Garcia no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Lorenzo F. Garcia 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.] (ln) |
| Filing 2 APPENDIX/SUPPLEMENT re #1 Complaint Civil Cover Sheet by Neal A Greenbaum (Hunter, Colin) Modified docket text on 5/7/2013 (kdh). |
| Filing and Administrative Fees Received: $ 400 receipt number 1084-3053254 re #1 Complaint filed by Neal A Greenbaum (Payment made via Pay.gov)(Hunter, Colin) |
| Magistrate Judge Lorenzo F. Garcia and Magistrate Judge Alan C. Torgerson assigned. (ln) |
| Summons Issued as to Amy Bailey. (ln) |
| Summons Issued as to City of Albuquerque Board of Ethics and Campaign Practices. (ln) |
| Filing 1 COMPLAINT FOR CIVIL RIGHTS VIOLATIONS SEEKING DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing Fee - Online Payment), filed by Neal A Greenbaum. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Hunter, Colin) |
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