Jaramillo v. Taos County et al
| Tammy Jaramillo |
| Taos County, Jerry LNU, Lupe Martinez, Randy Autio, Tom Blankenhorn, Jerry Hogrefe, Alan Maestas and Taos County Board of Commisioners |
| 1:2021cv01119 |
| November 18, 2021 |
| US District Court for the District of New Mexico |
| Kirtan Khalsa |
| John F Robbenhaar |
| Margaret I Strickland |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER by District Judge Margaret I. Strickland granting #18 Defendant Jerry Hogrefe's Motion for Summary Judgment Based on Qualified Immunity. Summary judgment is granted in favor of Defendant Jerry Hogrefe as to all claims brought against him in #4 First Amended Complaint. Specifically, Defendant Jerry Hogrefe is granted qualified immunity and summary judgment as to Counts 8, 9 (first), 9 (second), and 10; further, Defendant Jerry Hogrefe is granted summary judgment as to Counts 3, 4, 5, 6 and 11. (sej)
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Filing 41
Clerk's Minutes for proceedings held before District Judge Margaret I. Strickland: Motion Hearing held on 9/19/2022 re #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity filed by Jerry Hogrefe. (Court Reporter Vanessa Alyce Chavez) (bc)
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Filing 40
MINUTE ORDER by District Judge Margaret I. Strickland. As stated by the Court on the record at the hearing held on September 19, 2022 (Court Reporter Vanessa Alyce Chavez), the Court is going to grant #18 Defendant Jerry Hogrefes Motion for Summary Judgment. The Court will permit Defendant Hogrefe to submit a formal proposed order no later than Thursday, September 22, 2022. If Defendant Hogrefe does not submit a proposed order (in a form agreed to by the parties) by the above date, then the findings and legal conclusions made by the Court on the record at the hearing shall serve as the Courts order on the above-mentioned motions. In the event that Plaintiff does not agree to the form of Defendant Hogrefes proposed order, Plaintiff shall file her proposed order with the Court by Friday, September 23, 2022. IT IS SO ORDERED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (lmk)
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Filing 39
REPLY to Response to Motion re #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity Surreply filed by Tammy Jaramillo. (Burke, Heather)
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Filing 38
MISCELLANEOUS ORDER re (36) Notice of Hearing by District Judge Margaret I. Strickland. Because #13 Opposed MOTION to Dismiss Counts III, VI, and XII of First Amended Complaint has been resolved by stipulation, no oral argument will be necessary on this Motion. However, the hearing will still proceed in Las Cruces as to #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity. Therefore, the in-person attendance of counsel arguing #18 Opposed MOTION for Summary Judgment will be required. At least one attorney of record for each other party will be required to attend either via Zoom or in person. The attendance of parties and representatives of parties is optional. IT IS SO ORDERED. (sej) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified to add text only language on 9/19/2022 (jjs).
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Filing 37
STIPULATED ORDER by District Judge Margaret I. Strickland granting #13 Defendants Taos County Board of Commissioners, Ruby Martinez and Tom Blankenhorn's Motion to Dismiss Counts III, VI, and XII of the First Amended Complaint.Count III is dismissed as to Defendant Martinez only, with prejudice. Count VI is dismissed as to Defendant Martinez only, with prejudice. Count XII is dismissed in its entirety, with prejudice.(sej)
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Filing 36
NOTICE of Hearing on All Pending Motions, including #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity, #13 Opposed MOTION to Dismiss Counts III, VI, and XII of First Amended Complaint: Motion Hearing set for 9/19/2022 at 10:00 AM in Las Cruces - 440 Guadalupe Courtroom (North Tower) before District Judge Margaret I. Strickland. The in-person attendance of counsel arguing the motions is required. All other attorneys, parties, and representatives of parties may appear via Zoom. Please contact Chambers for Zoom information, if applicable. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sej)
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Filing 35
ORDER by District Judge Margaret I. Strickland. Having reviewed the parties' briefing on #32 Plaintiff's Motion to Strike Defendant Hogrefe's Reply in Support of Motion for Summary Judgment, or in the Alternative, Leave to File a Surreply, the Court finds that any prejudice can be cured by allowing Plaintiff to file a surreply. The Court therefore DENIES the striking of the reply and GRANTS Plaintiff's alternative request for leave to file a surreply. Plaintiff's surreply, if any, shall be filed no later than Thursday, September 15, 2022. The Parties are reminded to comply with the Rules of Civil Procedure (including Local Rules) governing the filing of replies and surreplies. Failure to do so in the future may result in the striking of a document by the Court without further notice. IT IS SO ORDERED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sej)
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Filing 34
REPLY to Response to Motion re #32 First MOTION to Strike #28 Reply to Response to Motion filed by Tammy Jaramillo. (Attachments: #1 Exhibit A) (Burke, Heather)
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Filing 33
RESPONSE in Opposition re #32 First MOTION to Strike #28 Reply to Response to Motion filed by Jerry Hogrefe. (Attachments: #1 Affidavit (Jerry Hogrefe)) (Dickman, Michael)
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Filing 32
First MOTION to Strike #28 Reply to Response to Motion by Tammy Jaramillo. (Burke, Heather)
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Filing 31
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: Nos. 19, 20, 21 and 24. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Filing 30
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Margaret I. Strickland 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. United States Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 29
NOTICE of Briefing Complete by Jerry Hogrefe re #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity filed by Jerry Hogrefe (Dickman, Michael)
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Filing 28
REPLY to Response to Motion re #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity filed by Jerry Hogrefe. (Attachments: #1 Affidavit (Jerry Hogrefe)) (Dickman, Michael)
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Filing 27
RESPONSE in Opposition re #18 Opposed MOTION for Summary Judgment Based on Qualified Immunity filed by Tammy Jaramillo. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Affidavit Ex A Declaration, #7 Exhibit G) (Burke, Heather)
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Filing 26
STIPULATED ORDER STAYING DISCOVERY by Magistrate Judge Kirtan Khalsa. Defendant Hogrefe's Unopposed Motion to Stay Discovery Based on Qualified Immunity (Doc. 25) is granted. Discovery is stayed pending resolution of Defendant Jerry Hogrefe's Motion for Summary Judgment Based on Qualified Immunity (Doc. 18). The notice of consent deadline remains in effect, and all settings and other deadlines set forth in the Court's Initial Scheduling Order (Doc. 16) are vacated. (kmt)
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Filing 25
Unopposed MOTION to Stay Discovery Based on Qualified Immunity by Jerry Hogrefe. (Dickman, Michael)
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Filing 23
RESPONSE to Motion re #13 Opposed MOTION to Dismiss Counts III, VI, and XII of First Amended Complaint filed by Tammy Jaramillo. (Burke, Heather)
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Filing 22
Defendant Randy Autio's ANSWER to #4 Amended Complaint by Randy Autio.(Vigil, Charles)
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Filing 18
Opposed MOTION for Summary Judgment Based on Qualified Immunity by Jerry Hogrefe. (Attachments: #1 Affidavit (Jerry Hogrefe), #2 Exhibit) (Dickman, Michael)
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Filing 17
NOTICE of Appearance by Michael Dickman on behalf of Jerry Hogrefe (Dickman, Michael)
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Filing 16
INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 2/14/2022. The parties' Joint Status Report and Provisional Discovery Plan is due by 2/25/2022. A Telephonic Rule 16 Initial Scheduling Conference is set for 3/7/2022 at 01:30 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. 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 2/28/2022. (kmt)
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Filing 15
NOTICE of Appearance by Charles J. Vigil on behalf of Randy Autio (Vigil, Charles)
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Filing 14
Defendant Maestas ANSWER to Complaint by Alan Maestas. Related document: #4 Amended Complaint filed by Tammy Jaramillo.(Cheney, Briggs)
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Filing 13
Opposed MOTION to Dismiss Counts III, VI, and XII of First Amended Complaint by Tom Blankenhorn, Lupe Martinez, Taos County. (Sullivan, James)
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Filing 12
NOTICE of Appearance by James P Sullivan on behalf of Tom Blankenhorn, Lupe Martinez, Taos County (Sullivan, James)
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Filing 11
NOTICE by Alan Maestas DEFENDANT ALAN MAESTAS NOTICE OF AGREED EXTENSION OF TIME (Schofield, Spring)
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Filing 10
SUMMONS Returned Executed by Tammy Jaramillo. Tom Blankenhorn served on 12/29/2021, answer due 1/19/2022. (Burke, Heather)
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Filing 9
SUMMONS Returned Executed by Tammy Jaramillo. Randy Autio served on 1/4/2022, answer due 1/25/2022. (Burke, Heather)
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Filing 8
SUMMONS Returned Executed by Tammy Jaramillo. Lupe Martinez served on 12/22/2021, answer due 1/12/2022. (Burke, Heather)
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Filing 7
SUMMONS Returned Executed by Tammy Jaramillo. Jerry Hogrefe served on 12/29/2021, answer due 1/19/2022. (Burke, Heather)
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Filing 6
SUMMONS Returned Executed by Tammy Jaramillo. Alan Maestas served on 12/17/2021, answer due 1/7/2022. (Burke, Heather)
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Filing 5
SUMMONS Returned Executed by Tammy Jaramillo. Taos County served on 12/20/2021, answer due 1/10/2022. (Burke, Heather)
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Filing 4
AMENDED COMPLAINT against All Defendants. adding Jerry Hogrefe and Alan Maestas. terminating Jerry LNU., filed by Tammy Jaramillo. (Burke, Heather)
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Summons Issued as to Randy Autio, Tom Blankenhorn, Jerry Hogrefe, Alan Maestas, Lupe Martinez, Taos County. (jg)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8007085 re #1 Complaint filed by Tammy Jaramillo (Payment made via Pay.gov)(Burke, Heather)
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Filing 3
APPENDIX/SUPPLEMENT re #1 Complaint Civil Cover Sheet by Tammy Jaramillo (Burke, Heather)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar 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.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Filing 1
COMPLAINT against Taos County Board of Commissioners ( Filing Fee - Online Payment), filed by Tammy Jaramillo. (Burke, Heather)
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Office code correction. Case office code has been changed from 6 (Santa Fe) to 1 (Albuquerque). (dr)
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United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Kirtan Khalsa assigned. (dr)
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