Spruill v. Gervais et al
Plaintiff: John Spruill
Defendant: George Gervais and Village of Maxwell
3Rd Party Defendant: United States of America and United States Postal Service
Case Number: 1:2022cv00948
Filed: December 14, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Judith C Herrera
Referring Judge: Jerry H Ritter
2 Judge: Kevin R Sweazea
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. ยง 1442 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2023 Filing 13 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. 3 and 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
February 1, 2023 Filing 12 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Judith C. Herrera 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
January 20, 2023 Filing 11 NOTICE of Briefing Complete by United States Postal Service, United States of America re #5 Third Party MOTION to Dismiss for Lack of Jurisdiction filed by United States Postal Service, United States of America (Eaton, Brett)
January 18, 2023 Filing 10 REPLY to Response to Motion re #5 Third Party MOTION to Dismiss for Lack of Jurisdiction filed by United States Postal Service, United States of America. (Eaton, Brett)
January 10, 2023 Opinion or Order Filing 8 ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending motion seeking dispositive relief, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
January 4, 2023 Opinion or Order Filing 7 ORDER Setting Deadline to Consent to Presiding Magistrate by Magistrate Judge Jerry H. Ritter. 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 within five (5) days of submission of a notice of briefing complete re #5 Third Party MOTION to Dismiss for Lack of Jurisdiction. The parties are free to withhold consent. (sjl)
January 4, 2023 Filing 6 RESPONSE to Motion re #5 Third Party MOTION to Dismiss for Lack of Jurisdiction Defendant and Third Party Plaintiff's Response to Third-Party Defendants' Motion to Dismiss filed by George Gervais. (Brittain, Eric)
December 21, 2022 Filing 5 Third Party MOTION to Dismiss for Lack of Jurisdiction by United States Postal Service, United States of America. (Eaton, Brett)
December 15, 2022 Filing 4 NOTICE by United States Postal Service, United States of America re #1 Notice of Removal, Acknowledgment by State Court Clerk (Attachments: #1 Acknowledgment by State Court Clerk) (Eaton, Brett)
December 14, 2022 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter 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.] (jg)
December 14, 2022 Filing 1 NOTICE OF REMOVAL by United States of America, United States Postal Service from Eighth Judicial District Court, County of Colfax, case number D-809-CV-2020-00208. ( Filing Fee - Waived), filed by United States of America, United States Postal Service. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Part 1, #3 Exhibit A Part 2, #4 Exhibit A Part 3, #5 Exhibit A Part 4)(Eaton, Brett)
December 14, 2022 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)

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Plaintiff: John Spruill
Represented By: Daniel T. Cornish
Represented By: Michael G Duran
Represented By: Samantha L. Drum
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Defendant: George Gervais
Represented By: Eric M Brittain
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Defendant: Village of Maxwell
Represented By: Laura K. Vega
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3rd party defendant: United States of America
Represented By: Brett C Eaton
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3rd party defendant: United States Postal Service
Represented By: Brett C Eaton
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