Everhart, et al v. CYFD, et al
| DONNA EVERHART and HARLEY EVERHART, individually and as next of friend for S. E. and S. E., minor children. |
| DANA BECKER, employee and supervisor for Children, Youth and Families Department, CHILDREN YOUTH AND FAMILIES DEPARTMENT and EVGENIA VALDEZ, in her official capacity and individual capacity |
| 20-2078 |
| June 9, 2020 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| <p>Everhart, et al. v. CYFD, et al.</p> |
Docket Report
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This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| [10759306] Minute Order filed by Clerk of the Court: This matter is before the court on receipt of a group of documents from the appellants labeled with a cover page that says, "Enclosed Attachments: Status of Fairness Hearing and Dismissal of City of Hobbs." Although the documents were electronically filed as a status report, no written report drafted and signed by counsel was provided to explain the relevance of the documents or their effect on the jurisdictional defect with this appeal. Nevertheless, the abatement of this appeal will remain in place. The appellants shall file a status report on 08/21/2020, or sooner should events occur in the district court case that warrant earlier notice. Served on 07/31/2020. Text only entry - no attachment. [20-2078] [Entered: 07/31/2020 08:47 AM] |
| [10759199] Status report filed by Donna Everhart. Served on 07/30/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-2078] MHP [Entered: 07/30/2020 02:16 PM] |
| [10757446] Order filed by Clerk of the Court - This matter is before the court on the appellants' Answer to Order of June 29, 2020. In their response filed on 07/22/2020, the appellants state that a hearing is scheduled in district court for 07/29/2020. Accordingly, the court will continue tolling briefing in this appeal. On 08/06/2020, the appellants shall file a status report in this court, advising this court of the status of the proceedings in the district court. See attached order. Served on 07/23/2020. 20-2078 [Entered: 07/23/2020 08:33 AM] |
| [10757091] Deficiency notice issued. The appellants have not filed a response to the court's 06/29/2020 Show Cause Order. Appellants' response to the Show Cause Order is now due on or before 07/24/2020 for Donna Everhart and Harley Everhart. [20-2078] [Entered: 07/22/2020 09:11 AM] |
| [10757361] Response filed by Donna Everhart to Order of the Court Document: 010110368158. Served on 07/22/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-2078] MHP [Entered: 07/22/2020 03:45 PM] |
| [10750843] Order filed by Clerk of the Court upon identification of a probable jurisdictional defect. Rule 54(b) certification, a district court final order and/or judgment, or motion for voluntary dismissal due 07/20/2020 for Donna Everhart and Harley Everhart. See attached order for further information. Briefing on the merits is tolled pendingfurther order of this court. Served on 06/29/2020. [20-2078] [Entered: 06/29/2020 02:52 PM] |
| [10750732] Docketing statement filed by Donna Everhart and Mr. Harley Everhart. Served on 06/29/2020. Manner of Service: email. [20-2078] MHP [Entered: 06/29/2020 11:49 AM] |
| [10750128] Entry of appearance submitted by Bryan Evans and Barbara Evans for Appellees Children Youth and Families Department, Dana Becker and Evgenia ValdezState of New Mexico for court review. Certificate of Interested Parties: No. Served on 06/25/2020. Manner of Service: email, US mail. --[Edited 06/25/2020 by SDS to remove pdf from entry as the pleading has been filed] [20-2078] BE [Entered: 06/25/2020 03:15 PM] |
| [10750135] Entry of appearance filed by Ms. Barbara Evans and Mr. Bryan Evans, Esq. for Children Youth and Families Department, Dana Becker and Evgenia Valdez. CERT. OF INTERESTED PARTIES: n. Served on 06/25/2020. Manner of Service: email. [20-2078] [Entered: 06/25/2020 03:22 PM] |
| [10749894] Deficiency notice issued. Type of deficiency: Appellees' notice of appearance not filed with the court. Notice of appearance now due on 06/29/2020 for Dana Becker, Children Youth, and Families Department and Evgenia Valdez. [20-2078] [Entered: 06/25/2020 08:51 AM] |
| [10748471] Filed notice record is complete. Served on 06/18/2020. Appellants brief and appendix due on 07/28/2020 for Donna Everhart and Harley Everhart. [20-2078] [Entered: 06/18/2020 04:17 PM] |
| This entry has been removed from the docket. Motion refiled to include attachment. [sds] [10748340] Motion filed by Appellant Donna Everhart to extend time to file docketing statement until 07/01/2020.. Served on: 06/17/2020. Manner of service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-2078] MHP [Entered: 06/18/2020 11:24 AM] |
| [10748326] Entry of appearance submitted by MAX HOUSTON PROCTOR for Appellant Donna Everhart for court review. Certificate of Interested Parties: No. Served on 06/08/2020. Manner of Service: email, US mail. [20-2078] --[Edited 06/18/2020 by AT to remove PDF as pleading was filed on 6/18/2020.] MHP [Entered: 06/18/2020 11:05 AM] |
| [10748348] Motion filed by Appellant Donna Everhart to extend time to file docketing statement until 07/01/2020.. Served on: 06/17/2020. Manner of service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-2078] MHP [Entered: 06/18/2020 11:39 AM] |
| [10748352] Entry of appearance filed by Mr. Max Houston Proctor for Donna Everhart and Mr. Harley Everhart. CERT. OF INTERESTED PARTIES: n. Served on 06/18/2020. Manner of Service: email. [20-2078] [Entered: 06/18/2020 11:54 AM] |
| [10748421] Minute order filed - Notice due that record is complete by 06/25/2020 for Mitchell R. Elfers, Clerk of Court (oclk). (Text Only - No Attachment) [20-2078] [Entered: 06/18/2020 02:28 PM] |
| [10748415] Notice that a transcript is not necessary filed by Donna Everhart. Served on: 06/18/2020. Manner of Service: email. [20-2078] --[Edited 06/18/2020 by AT to use correcte event code. ] MHP [Entered: 06/18/2020 02:22 PM] |
| [10748374] Order filed by Clerk of the Court granting Attorney motion to extend time to file docketing statement. Docketing statement due 07/01/2020 for Donna Everhart and Harley Everhart. Served on 06/18/2020. Text only entry - no attachment. [20-2078] [Entered: 06/18/2020 12:54 PM] |
| This entry has been removed from the docket as counsel will be refiling the entry of appearance listing the parties he represents. [AT] [10747918] Entry of appearance submitted by MAX HOUSTON PROCTOR for Appellant Donna Everhart for court review. Certificate of Interested Parties: No. Served on 06/08/2020. Manner of Service: email, US mail. [20-2078] MHP [Entered: 06/16/2020 03:55 PM] |
| This entry has been removed from the docket. Counsel was contacted to re-file the entry of appearance on the correct form. [LAB] [10747569] Entry of appearance submitted by MAX HOUSTON PROCTOR for Appellant Donna Everhart for court review. Certificate of Interested Parties: No. Served on 06/08/2020. Manner of Service: email, US mail. [20-2078] MHP [Entered: 06/15/2020 03:20 PM] |
| [10746148] Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/09/2020 Docketing statement due 06/23/2020 for Donna Everhart and Harley Everhart. Transcript order form due 06/23/2020 for Donna Everhart and Harley Everhart. Notice of appearance due on 06/23/2020 for Dana Becker, Children Youth and Families Department, Donna Everhart, Harley Everhart, and Evgenia Valdez. [20-2078] [Entered: 06/09/2020 11:06 AM] |
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| Plaintiff / appellant: DONNA EVERHART | |
| Represented By: | Max Houston Proctor |
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| Plaintiff / appellant: HARLEY EVERHART, individually and as next of friend for S. E. and S. E., minor children. | |
| Represented By: | Max Houston Proctor |
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| Defendant / appellee: DANA BECKER, employee and supervisor for Children, Youth and Families Department | |
| Represented By: | Carla A. Williams |
| Represented By: | Bryan Evans Esq. |
| Represented By: | Kristina Renee Gantert |
| Represented By: | Quincy Jean Perales |
| Represented By: | Barbara Evans |
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| Defendant / appellee: CHILDREN YOUTH AND FAMILIES DEPARTMENT | |
| Represented By: | Carla A. Williams |
| Represented By: | Bryan Evans Esq. |
| Represented By: | Kristina Renee Gantert |
| Represented By: | Barbara Evans |
| Represented By: | Quincy Jean Perales |
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| Defendant / appellee: EVGENIA VALDEZ, in her official capacity and individual capacity | |
| Represented By: | Bryan Evans Esq. |
| Represented By: | Barbara Evans |
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