Montoya v. Progress Rail Services Corporation
Ronald Montoya |
Progress Rail Services Corporation |
2:2014cv01009 |
November 6, 2014 |
US District Court for the District of New Mexico |
Bobby R Baldock |
Carmen E Garza |
Civil Rights: Jobs |
28 U.S.C. § 1441 |
Both |
Docket Report
This docket was last retrieved on July 18, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 79 Clerk's Order Settling Costs against the Plaintiff and in favor of the Defendant in the amount of $3,174.96. (gr) |
Filing 78 Costs Taxed in amount of $ $3174.96 against plaintiff (vv) |
Filing 77 BILL OF COSTS by Progress Rail Services Corporation (Freed, Leah) |
Filing 76 MOTION for Taxation of Costs Defendant's Motion to Tax Costs by Progress Rail Services Corporation. (Freed, Leah) Modified on 7/18/2016 (gr). |
Filing 75 FINAL JUDGMENT in favor of Defendant and against Plaintiff by Circuit Judge Bobby R Baldock. (ds) |
Filing 74 ORDER by Circuit Judge Bobby R Baldock granting Defendant's #51 Motion for Summary Judgment; denying Plaintiff's #55 Motion for Partial Summary Judgment (ds) |
MINUTE ORDER by Circuit Judge Bobby R Baldock amending nunc pro tunc the final paragraph of Order (Doc. 74) granting Defendant's motion (Doc. 51) for summary judgment and denying Plaintiff's motion (Doc. 55) for partial summary judgment to read as follows: Defendant Progressive Rail Services' motion for summary judgment (Doc. 51) is GRANTED. Plaintiff Montoya's motion for partial summary judgment (Doc. 55) is DENIED. Final judgment in favor of Defendant shall be entered. (ds) |
Filing 73 PLEASE TAKE NOTICE that this case has been reassigned to Circuit Judge Bobby R Baldock 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. District Judge Kenneth J. Gonzales no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (med) |
Filing 72 SUPPLEMENT to Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment by Ronald Montoya. re #65 (Attachments: #1 Exhibit A)(Chavez, Enrique) Modified text on 12/11/2015 (yc). |
Filing 71 NOTICE of Briefing Complete by Progress Rail Services Corporation re #51 MOTION for Summary Judgment filed by Progress Rail Services Corporation (Meschkow, Sasha) |
Filing 70 REPLY to Response to Motion re #51 MOTION for Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit)(Meschkow, Sasha) |
Filing 69 ORDER by District Judge Kenneth J. Gonzales granting #68 Defendant's Unopposed Motion for Page Extension for Reply in Support of Motion for Summary. Page extension shall not exceed 11 pages. (tah) |
Filing 68 MOTION Extend page limitation for Reply in Support of MSJ by Progress Rail Services Corporation. (Attachments: #1 Proposed Order)(Meschkow, Sasha) |
Filing 67 NOTICE of Briefing Complete by Ronald Montoya re #55 MOTION for Partial Summary Judgment filed by Ronald Montoya (Chavez, Enrique) |
Filing 66 REPLY to Response to Motion re #55 MOTION for Partial Summary Judgment filed by Ronald Montoya. (Hernandez, Miguel) |
Filing 65 RESPONSE to Motion re #51 MOTION for Summary Judgment filed by Ronald Montoya. (Attachments: #1 Exhibit)(Chavez, Enrique) |
Filing 64 ORDER by District Judge Kenneth J. Gonzales granting #63 Unopposed Motion for Leave to Exceed Page Limit for Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (tah) |
Filing 63 Unopposed MOTION for Leave to File Excess Pages for Plantiff's Response to Defendant's Motion for Summary Judgment by Ronald Montoya. (Attachments: #1 Response to Defendant's Motion for Summary Judgment, #2 Exhibit)(Chavez, Enrique) |
Filing 62 RESPONSE in Opposition re #55 MOTION for Partial Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit Exhibits 1-2, #2 Exhibit Exhibits 3-7)(Freed, Leah) |
Filing 61 Order by District Judge Kenneth J. Gonzales granting #59 Stipulation to Extend Deadline. (tah) |
Filing 60 Proposed Pretrial Order Joint Proposed Pretrial Order by Progress Rail Services Corporation (Meschkow, Sasha) |
Filing 59 STIPULATION to Extend Deadline for Defendant to File Its Response to Plaintiff's Motion for Summary Judgment by Progress Rail Services Corporation (Freed, Leah) |
Filing 58 ORDER by District Judge Kenneth J. Gonzales granting #57 Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment. Response due by 10/30/2015. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (tah) |
Filing 57 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Summary Judgment by Ronald Montoya. (Chavez, Enrique) |
Filing 56 Clerk's Minutes for Telephonic Status Conference held on 10/6/2015 before Magistrate Judge Carmen E. Garza. (mm) |
Filing 55 MOTION for Partial Summary Judgment by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit)(Chavez, Enrique) |
Filing 54 Order Setting Telephonic Status Conference by Magistrate Judge Carmen E. Garza. A Telephonic Status Conference is set for 10/6/2015 at 02:00 PM before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 53 ORDER by District Judge Kenneth J. Gonzales granting #52 Unopposed Motion for Leave to Exceed Page Limit for Exhibits to Plaintiff's Motion for Partial Summary Judgment and Brief in Support. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (tah) |
Filing 52 Unopposed MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Chavez, Enrique) |
Filing 51 MOTION for Summary Judgment by Progress Rail Services Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-10, #4 Exhibit 11-13, #5 Exhibit 14 Part 1 of 2, #6 Exhibit 14 Part 2 of 2)(Freed, Leah) |
Filing 50 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales 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. District Judge James A. Parker no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam) |
Filing 49 PLEASE TAKE NOTICE that this case has been reassigned to District Judge James A. Parker 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. District Judge C. LeRoy Hansen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) |
Filing 48 Order Granting #41 Motion to Depose Mr. Todd Stambaugh After the Discovery Deadline by Magistrate Judge Carmen E. Garza. (kdd) |
Filing 47 Amended Clerk's Minutes for Hearing on Plaintiff's #41 Motion for Leave to Take Deposition held on 8/19/2015 before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 46 Clerk's Minutes for Hearing on Plaintiff's #41 MOTION for Leave to Take Deposition held on 8/19/2015 before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 45 Order Setting Hearing on #41 Plaintiff's Opposed Motion for Leave to Depose Fact Witness by Magistrate Judge Carmen E. Garza. Motion Hearing set for 8/19/2015 at 02:00 PM before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 44 NOTICE of Briefing Complete by Ronald Montoya re Motion for Leave to Depose #41 (Chavez, Enrique) Modified text on 8/13/2015 (bap). |
Filing 43 REPLY to Response to Motion re #41 MOTION for Leave to File filed by Ronald Montoya. (Chavez, Enrique) |
Filing 42 RESPONSE in Opposition re #41 MOTION for Leave to File filed by Progress Rail Services Corporation. (Freed, Leah) |
Filing 41 MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Exhibit Exhibits A-H)(Chavez, Enrique) |
Filing 40 ORDER Granting #39 Motion for Extension of Time to Complete Discovery by Magistrate Judge Carmen E. Garza. (kdd) |
Filing 39 Unopposed MOTION for Extension of Time to Complete Discovery and Leave to Re-Open Plaintiff's Deposition by Progress Rail Services Corporation. (Attachments: #1 Proposed Order)(Freed, Leah) |
Filing 38 Order Granting in part and denying in part #35 Motion for Leave to File Motion to Compel; Granting in Part and denying in part [35-1] Plaintiff's Motion to Compel Defendant to Respond Adequately to Discovery; and finding as moot #30 Motion to Compel by Magistrate Judge Carmen E. Garza. (kdd) |
Filing 37 Clerk's Minutes for proceedings held before Magistrate Judge Carmen E. Garza: Motion Hearing held on 6/23/2015 re #35 MOTION for Leave to File filed by Ronald Montoya, #30 MOTION to Compel filed by Ronald Montoya. (kdd) |
Filing 36 ORDER Setting Hearing on Motion #35 MOTION for Leave to File , #30 MOTION to Compel by Magistrate Judge Carmen E. Garza. The Telephonic Motions Hearing is set for 6/23/2015 at 3:00 PM before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 35 MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit)(Chavez, Enrique) |
Filing 34 NOTICE of Briefing Complete by Ronald Montoya re #30 MOTION to Compel filed by Ronald Montoya (Chavez, Enrique) |
Filing 33 REPLY to Response to Motion re #30 MOTION to Compel filed by Ronald Montoya. (Chavez, Enrique) |
Filing 32 Clerk's Minutes for Telephonic Status Conference proceedings held on 6/9/2015 before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 31 RESPONSE in Opposition re #30 MOTION to Compel Defendant's Opposition to Plaintiff's Motion to Compel filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit A)(Freed, Leah) |
Filing 30 MOTION to Compel by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit)(Chavez, Enrique) |
Filing 29 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Ronald Montoya by Enrique Chavez, Jr on behalf of: Miguel L. Hernandez Chavez Law Firm 2101 N. StantonEl Paso, Texas 79902 9153517772 Fax 9153517773 miguelhernandez@chavezlawpc.com (Association Dues - Online Payment) (Chavez, Enrique)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 28 NOTICE of Appearance by Enrique Chavez, Jr on behalf of Ronald Montoya (Chavez, Enrique) |
Association Dues Received: $ 100 receipt number 1084-3994165 re: # 29 Association of Attorney Licensed Outside the District, filed by Ronald Montoya (Payment made via Pay.gov)(Chavez, Enrique) |
Filing 27 Order Setting Telephonic Status Conference by Magistrate Judge Carmen E. Garza. The Telephonic Status Conference is set for 6/9/2015 at 02:00 PM before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 26 Clerk's Minutes for Telephonic Status Conference held on 3/17/2015 before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 25 Association Dues: $ 100 paid on-line, receipt number # 1084-3964436 re: 24 Association of Attorney Licensed Outside the District for Sasha H. Meschkow filed by Defendant Progress Rail Services Corporation (bap)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 24 ASSOCIATION of Attorney Licensed Outside the District for Defendant Progress Rail Services Corporation by Sasha H Meschkow (Association Dues - Online Payment) (Meschkow, Sasha)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 23 NOTICE by Progress Rail Services Corporation of Appearance of Sasha H. Meschkow and Certification member is in good standing of the Bar of the State of Arizona and has complied with D.N.M. LR-Civ.83.3(a)(2). (Kotovsky, Stanley) |
Filing 22 Order Granting #18 Motion for Extension of Time to Respond to Discovery Requests by Magistrate Judge Carmen E. Garza. (kdd) |
Filing 21 NOTICE by Progress Rail Services Corporation Notice of Completion Pursuant to LR-CV 7.4(E) (Freed, Leah) |
Filing 20 REPLY to Response to Motion re #18 MOTION to Extend (other) Time to Respond to Plaintiff's First Set of Discovery Requests Reply in Support of Defendant's Motion for Extension of Time to Respond to Plaintiff's First Sets of Discovery Requests filed by Progress Rail Services Corporation. (Freed, Leah) |
Filing 19 RESPONSE to Motion re #18 MOTION to Extend (other) Time to Respond to Plaintiff's First Set of Discovery Requests filed by Ronald Montoya. (Chavez, Enrique) |
Filing 18 MOTION to Extend (other) Time to Respond to Plaintiff's First Set of Discovery Requests by Progress Rail Services Corporation. (Attachments: #1 Proposed Order)(Freed, Leah) |
Filing 17 Order Granting Plaintiff's #12 Motion for Leave to Amend Complaint by Magistrate Judge Carmen E. Garza. (kdd) |
Filing 16 Order Setting Telephonic Status Conference by Magistrate Judge Carmen E. Garza. A Telephonic Status Conference is set for 3/17/2015 at 2:00 PM before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 15 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN by Magistrate Judge Carmen E. Garza. (kdd) |
Filing 14 Final Scheduling Order by Magistrate Judge Carmen E. Garza. Discovery due by 7/20/2015. Motions due by 8/20/2015. Proposed Pretrial Order due by 10/19/2015. (kdd) |
Filing 13 Clerk's Minutes for Rule 16 Scheduling Conference held on 1/20/2015 before Magistrate Judge Carmen E. Garza. (kdd) |
Filing 12 MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Amended Petition)(Chavez, Enrique) |
Filing 11 Joint Status Report And Provisional Discovery Plan by Progress Rail Services Corporation (Freed, Leah) |
Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to District Judge C. LeRoy Hansen 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 Karen B. Molzen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iad) |
Filing 9 INITIAL SCHEDULING ORDER by Magistrate Judge Carmen E. Garza. Rule 16(c) Hearing set for 1/20/2015 at 02:30 PM before Magistrate Judge Carmen E. Garza. Joint Status Report due by 1/13/2015. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 12/29/2014. (kdd) |
Filing 8 Association Dues: $ 100 paid, receipt number # 1084-3821281. (mr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 7 Filing fee: $ 400, receipt number ALB027663 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 6 ANSWER to Complaint (Notice of Removal) by Progress Rail Services Corporation. (Freed, Leah) |
Filing 5 NOTICE by Progress Rail Services Corporation Certification of Good Standing of Leah Freed by (Kotovsky, Stanley) |
Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (ln) |
Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Karen B. Molzen 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.] (iad) |
Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Defendant PROGRESS RAIL SERVICES CORPORATION by Stanley K. Kotovsky, Jr on behalf of: Leah S Freed Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 2415 East Camelback Road, Ste. 800Phoenix, AZ 85016 602-778-3700 Fax 602-778-3750 leah.freed@ogletreedeakins.com (Association Dues - Deliver Payment) (Kotovsky, Stanley)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 2 Corporate Disclosure Statement by PROGRESS RAIL SERVICES CORPORATION (Kotovsky, Stanley) |
Filing 1 NOTICE OF REMOVAL by PROGRESS RAIL SERVICES CORPORATION Pursuant to 28 U.S.C. from Third Judicial District Court, case number D-307-CV-01956. ( Filing Fee - Deliver Payment), filed by PROGRESS RAIL SERVICES CORPORATION. (Attachments: #1 Exhibit Plaintiff's Original Complaint, #2 Exhibit Notice of Removal State Court, #3 Civil Cover Sheet Civil Cover Sheet)(Kotovsky, Stanley) |
U.S. Magistrate Judge Karen B. Molzen and U.S. Magistrate Judge Carmen E. Garza assigned. (iad) |
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