Childress v. Liberty Mutual Insurance Company
| Sid Childress |
| Liberty Mutual Insurance Company |
| 1:2017cv01051 |
| October 19, 2017 |
| US District Court for the District of New Mexico |
| Albuquerque Office |
| Santa Fe |
| Karen B Molzen |
| Martha Vazquez |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 43 JUDGMENT by District Judge Martha Vazquez. IT IS HEREBY ORDERED that this action is DISMISSED with prejudice. (gr) |
Filing 42
MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez GRANTING #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss Plaintiff's Amended Complaint with Prejudice [Doc. #6 ] is GRANTED and Plaintiff's claims are dismissed with prejudice. (gr)
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| Filing 41 NOTICE of Briefing Complete by Liberty Mutual Insurance Company re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Liberty Mutual Insurance Company (Allen, Meena) |
| Filing 40 REPLY in Support of re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Liberty Mutual Insurance Company. (Allen, Meena) |
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Filing 39
ORDER by Magistrate Judge Karen B. Molzen directing Defendant to file, by 6/5/2018, a Reply in support of #6 Motion to Dismiss for Failure to State a Claim and/or a Notice of Completion of Briefing pursuant to Local Rule 7.4(e). [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (am)
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Filing 38
ORDER ADOPTING #36 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez DENYING #17 Motion to Amend/Correct filed by Sid Childress. IT IS HEREBY ORDERED AS FOLLOWS: 1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. #36 ) is ADOPTED; 2. Plaintiff's Motion for Leave to File Second Amended Complaint (Doc. #17 ) is DENIED. (gr)
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| Filing 37 NOTICE by Liberty Mutual Insurance Company of Unavailability (Allen, Meena) |
| Filing 36 REPORT AND RECOMMENDATIONS by Magistrate Judge Karen B. Molzen recommending denial of Plaintiff's Motion for Leave to File Second Amended Complaint. Objections to R&R due by 5/15/2018. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (KBM) Modified on 5/21/2018 terminated motion status per Order Adopting (gr). |
| Filing 35 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Motion Hearing held on 04/18/2018 re #17 MOTION to Amend. (cm) |
| Filing 34 AMENDED NOTICE of Hearing [amended as to location only] on #17 Motion for Leave to File Second Amended Complaint: Motion Hearing set for 04/18/2018 at 03:00 PM in Albuquerque - 560 Cimarron Courtroom before Magistrate Judge Karen B. Molzen. (cm) |
| Filing 33 "FILED IN ERROR" Duplicate payment: "REFUND REQUESTED" Association Dues: $ 100 paid, receipt number # 1084-5743038 (bap)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 32 ASSOCIATION of Attorney Licensed Outside the District for Defendant Liberty Mutual Insurance Company by Meena H Allen on behalf of: Brian J. Spano Lewis Roca Rothgerber Christie, LLP 1200 17th Street, Suite 3000Denver, CO 80202 303-623-9000 bspano@lrrc.com (Association Dues - Online Payment) (Allen, Meena)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 31 ASSOCIATION of Attorney Licensed Outside the District for Defendant Liberty Mutual Insurance Company by Meena H Allen on behalf of: Jessica L. Fuller Lewis Roca Rothgerber Christie, LLP 1200 17th Street, Suite 3000Denver, CO 80202 303-623-9000 jfuller@lrrc.com (Association Dues - Online Payment) (Allen, Meena)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number 1084-5743064 re: # 32 Association of Attorney Licensed Outside the District, filed by Liberty Mutual Insurance Company (Payment made via Pay.gov)(Allen, Meena) |
| Association Dues Received: $ 100 receipt number 1084-5743054 re: # 31 Association of Attorney Licensed Outside the District, filed by Liberty Mutual Insurance Company (Payment made via Pay.gov)(Allen, Meena) |
| Filing 30 NOTICE of Appearance by Meena H Allen on behalf of Liberty Mutual Insurance Company (Allen, Meena) |
| Filing 29 NOTICE of Appearance by Meena H Allen on behalf of Liberty Mutual Insurance Company (Allen, Meena) |
| Filing 28 NOTICE of Hearing on #17 Motion for Leave to File Second Amended Complaint: Motion Hearing set for 04/18/2018 at 03:00 PM in Albuquerque - 480 Chama Courtroom before Magistrate Judge Karen B. Molzen. (cm) |
| Filing 27 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Sid Childress by Jennifer Rust Murray (Association Dues - Online Payment) (Murray, Jennifer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 26 NOTICE by Sid Childress re #23 Response in Opposition to Motion, #17 MOTION to Amend/Correct Leave to File Second Amended Complaint Notice of Completion of Briefing (Paronich, Anthony) |
| Association Dues Received: $ 100 receipt number 1084-5633143 re: # 27 Association of Attorney Licensed Outside the District, filed by Sid Childress (Payment made via Pay.gov)(Murray, Jennifer) |
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Filing 25
ORDER REFERRING #17 MOTION to Amend/Correct Leave to File Second Amended Complaint filed by Sid Childress by District Judge Martha Vazquez. (gr)
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| Filing 24 NOTICE by Liberty Mutual Insurance Company re #23 Response in Opposition to Motion, on Page Limit for Exhibits (Allen, Meena) |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Amend/Correct Leave to File Second Amended Complaint filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Allen, Meena) |
| Filing 22 STIPULATION Regarding Briefing Deadlines [Docs. 6 and 17] by Liberty Mutual Insurance Company (Allen, Meena) |
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Filing 21
ORDER by Chief Magistrate Judge Karen B. Molzen allowing withdrawal of #15 Motion for Leave to Appear Pro Hac Vice. [THIS IS A TEXT ONLY ENTRY - NO DOCUMENTS ARE ATTACHED] (KBM)
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| Filing 20 NOTICE OF WITHDRAWAL OF DOCUMENT as to document #15 Motion for Leave to File by Sid Childress (Crowley, Clayton) |
| Filing 19 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sid Childress. (Paronich, Anthony) |
| Filing 18 DECLARATION re #17 MOTION to Amend/Correct Leave to File Second Amended Complaint Declaration of Sid Childress by Sid Childress (Paronich, Anthony) |
| Filing 17 MOTION to Amend/Correct Leave to File Second Amended Complaint by Sid Childress. (Attachments: #1 Exhibit 1 -- Proposed Second Amended Complaint) (Paronich, Anthony) Modified on 5/21/2018 termed motion status per Order Adopting (gr). |
| Filing 16 NOTICE of Appearance by Anthony Paronich on behalf of Sid Childress (Paronich, Anthony) |
| Filing 15 ***WITHDRAWN pursuant to #20 Notice of Withdrawal*** MOTION for Leave to File Appear Pro Hac Vice by Sid Childress. (Crowley, Clayton) Modified text on 12/11/2017 add withdrawn language (gr). |
| Filing 14 NOTICE of Appearance by Clayton Ewing Crowley on behalf of Sid Childress (Crowley, Clayton) |
| 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: No. 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl) |
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Filing 12
ORDER by Chief Magistrate Judge Karen B. Molzen that, pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order due to the pending dispositive motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ATTACHED.] (am)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Karen B. Molzen by District Judge Martha Vazquez. (mjr)
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| Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Martha Vazquez 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 Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh) |
| Filing 9 NOTICE by Sid Childress re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Extension of Time (Childress, Sidney) |
| Filing 7 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ccp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Liberty Mutual Insurance Company. (Allen, Meena) |
| Filing 5 NOTICE by Liberty Mutual Insurance Company Second Extension of Time to Respond to Complaint on or by November 22, 2017 (Allen, Meena) Modified docket text on 11/13/2017 (iam). |
| Filing 4 NOTICE by Liberty Mutual Insurance Company of Extension of Time to Respond to Complaint (Allen, Meena) |
| Filing 3 NOTICE by Pro Se Plaintiff Sid Childress electing to receive notice via email. (kdh) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing 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.] (kdh) |
| Magistrate Judge Laura Fashing and Magistrate Judge Karen B. Molzen assigned. (kdh) |
| Filing 1 NOTICE OF REMOVAL by Liberty Mutual Insurance Company from First Judicial District Court, case number D101-CV-2017-02323. ( Filing Fee - Online Payment), filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Allen, Meena) |
| Filing and Administrative Fees Received: $ 400 receipt number 1084-5459136 re #1 Notice of Removal, filed by Liberty Mutual Insurance Company (Payment made via Pay.gov)(Allen, Meena) |
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| Plaintiff: Sid Childress | |
| Represented By: | Anthony Paronich |
| Represented By: | Clayton Ewing Crowley |
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| Defendant: Liberty Mutual Insurance Company | |
| Represented By: | Meena H Allen |
| Represented By: | Brian J. Spano |
| Represented By: | Jessica L. Fuller |
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