Montoya v. Progress Rail Services Corporation
Plaintiff: Ronald Montoya
Defendant: Progress Rail Services Corporation
Case Number: 2:2014cv01009
Filed: November 6, 2014
Court: US District Court for the District of New Mexico
Presiding Judge: Bobby R Baldock
Referring Judge: Carmen E Garza
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 18, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2016 Filing 79 Clerk's Order Settling Costs against the Plaintiff and in favor of the Defendant in the amount of $3,174.96. (gr)
July 12, 2016 Filing 78 Costs Taxed in amount of $ $3174.96 against plaintiff (vv)
June 17, 2016 Filing 77 BILL OF COSTS by Progress Rail Services Corporation (Freed, Leah)
June 17, 2016 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).
May 18, 2016 Filing 75 FINAL JUDGMENT in favor of Defendant and against Plaintiff by Circuit Judge Bobby R Baldock. (ds)
May 18, 2016 Opinion or Order 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)
May 18, 2016 Opinion or Order 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)
March 3, 2016 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)
December 10, 2015 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).
November 20, 2015 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)
November 20, 2015 Filing 70 REPLY to Response to Motion re #51 MOTION for Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit)(Meschkow, Sasha)
November 19, 2015 Opinion or Order 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)
November 18, 2015 Filing 68 MOTION Extend page limitation for Reply in Support of MSJ by Progress Rail Services Corporation. (Attachments: #1 Proposed Order)(Meschkow, Sasha)
November 17, 2015 Filing 67 NOTICE of Briefing Complete by Ronald Montoya re #55 MOTION for Partial Summary Judgment filed by Ronald Montoya (Chavez, Enrique)
November 16, 2015 Filing 66 REPLY to Response to Motion re #55 MOTION for Partial Summary Judgment filed by Ronald Montoya. (Hernandez, Miguel)
November 3, 2015 Filing 65 RESPONSE to Motion re #51 MOTION for Summary Judgment filed by Ronald Montoya. (Attachments: #1 Exhibit)(Chavez, Enrique)
November 2, 2015 Opinion or Order 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)
October 30, 2015 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)
October 30, 2015 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)
October 21, 2015 Opinion or Order Filing 61 Order by District Judge Kenneth J. Gonzales granting #59 Stipulation to Extend Deadline. (tah)
October 19, 2015 Filing 60 Proposed Pretrial Order Joint Proposed Pretrial Order by Progress Rail Services Corporation (Meschkow, Sasha)
October 19, 2015 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)
October 16, 2015 Opinion or Order 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)
October 14, 2015 Filing 57 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Summary Judgment by Ronald Montoya. (Chavez, Enrique)
October 6, 2015 Filing 56 Clerk's Minutes for Telephonic Status Conference held on 10/6/2015 before Magistrate Judge Carmen E. Garza. (mm)
October 6, 2015 Filing 55 MOTION for Partial Summary Judgment by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit)(Chavez, Enrique)
September 30, 2015 Opinion or Order 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)
September 29, 2015 Opinion or Order 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)
September 28, 2015 Filing 52 Unopposed MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Chavez, Enrique)
September 28, 2015 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)
August 31, 2015 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)
August 28, 2015 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)
August 24, 2015 Opinion or Order Filing 48 Order Granting #41 Motion to Depose Mr. Todd Stambaugh After the Discovery Deadline by Magistrate Judge Carmen E. Garza. (kdd)
August 19, 2015 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)
August 19, 2015 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)
August 13, 2015 Opinion or Order 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)
August 12, 2015 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).
August 12, 2015 Filing 43 REPLY to Response to Motion re #41 MOTION for Leave to File filed by Ronald Montoya. (Chavez, Enrique)
August 11, 2015 Filing 42 RESPONSE in Opposition re #41 MOTION for Leave to File filed by Progress Rail Services Corporation. (Freed, Leah)
July 31, 2015 Filing 41 MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Exhibit Exhibits A-H)(Chavez, Enrique)
July 20, 2015 Opinion or Order Filing 40 ORDER Granting #39 Motion for Extension of Time to Complete Discovery by Magistrate Judge Carmen E. Garza. (kdd)
July 17, 2015 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)
June 24, 2015 Opinion or Order 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)
June 24, 2015 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)
June 11, 2015 Opinion or Order 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)
June 10, 2015 Filing 35 MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit)(Chavez, Enrique)
June 10, 2015 Filing 34 NOTICE of Briefing Complete by Ronald Montoya re #30 MOTION to Compel filed by Ronald Montoya (Chavez, Enrique)
June 10, 2015 Filing 33 REPLY to Response to Motion re #30 MOTION to Compel filed by Ronald Montoya. (Chavez, Enrique)
June 9, 2015 Filing 32 Clerk's Minutes for Telephonic Status Conference proceedings held on 6/9/2015 before Magistrate Judge Carmen E. Garza. (kdd)
May 26, 2015 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)
May 8, 2015 Filing 30 MOTION to Compel by Ronald Montoya. (Attachments: #1 Exhibit, #2 Exhibit)(Chavez, Enrique)
March 26, 2015 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.]
March 26, 2015 Filing 28 NOTICE of Appearance by Enrique Chavez, Jr on behalf of Ronald Montoya (Chavez, Enrique)
March 26, 2015 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)
March 17, 2015 Opinion or Order 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)
March 17, 2015 Filing 26 Clerk's Minutes for Telephonic Status Conference held on 3/17/2015 before Magistrate Judge Carmen E. Garza. (kdd)
March 5, 2015 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.]
March 5, 2015 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.]
March 4, 2015 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)
March 4, 2015 Opinion or Order Filing 22 Order Granting #18 Motion for Extension of Time to Respond to Discovery Requests by Magistrate Judge Carmen E. Garza. (kdd)
March 4, 2015 Filing 21 NOTICE by Progress Rail Services Corporation Notice of Completion Pursuant to LR-CV 7.4(E) (Freed, Leah)
March 3, 2015 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)
March 2, 2015 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)
March 2, 2015 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)
January 21, 2015 Opinion or Order Filing 17 Order Granting Plaintiff's #12 Motion for Leave to Amend Complaint by Magistrate Judge Carmen E. Garza. (kdd)
January 20, 2015 Opinion or Order 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)
January 20, 2015 Opinion or Order Filing 15 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN by Magistrate Judge Carmen E. Garza. (kdd)
January 20, 2015 Opinion or Order 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)
January 20, 2015 Filing 13 Clerk's Minutes for Rule 16 Scheduling Conference held on 1/20/2015 before Magistrate Judge Carmen E. Garza. (kdd)
January 15, 2015 Filing 12 MOTION for Leave to File by Ronald Montoya. (Attachments: #1 Amended Petition)(Chavez, Enrique)
January 14, 2015 Filing 11 Joint Status Report And Provisional Discovery Plan by Progress Rail Services Corporation (Freed, Leah)
December 30, 2014 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)
December 8, 2014 Opinion or Order 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)
November 14, 2014 Filing 8 Association Dues: $ 100 paid, receipt number # 1084-3821281. (mr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 13, 2014 Filing 7 Filing fee: $ 400, receipt number ALB027663 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 13, 2014 Filing 6 ANSWER to Complaint (Notice of Removal) by Progress Rail Services Corporation. (Freed, Leah)
November 7, 2014 Filing 5 NOTICE by Progress Rail Services Corporation Certification of Good Standing of Leah Freed by (Kotovsky, Stanley)
November 6, 2014 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (ln)
November 6, 2014 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)
November 6, 2014 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.]
November 6, 2014 Filing 2 Corporate Disclosure Statement by PROGRESS RAIL SERVICES CORPORATION (Kotovsky, Stanley)
November 6, 2014 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)
November 6, 2014 U.S. Magistrate Judge Karen B. Molzen and U.S. Magistrate Judge Carmen E. Garza assigned. (iad)

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Plaintiff: Ronald Montoya
Represented By: Miguel Luis Hernandez
Represented By: Enrique Chavez, Jr.
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Defendant: Progress Rail Services Corporation
Represented By: Sasha H Meschkow
Represented By: Stanley K. Kotovsky, Jr.
Represented By: Leah Shay Freed
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