Apodaca v. Young American Insurance Company
| Yvonne Apodaca |
| Young American Insurance Company, Young America Insurance Company, EP Loya Group, LP and Loya Insurance Company |
| 1:2018cv00399 |
| April 27, 2018 |
| US District Court for the District of New Mexico |
| Albuquerque Office |
| Bernalillo |
| Robert C Brack |
| James O Browning |
| Jerry H Ritter |
| Jennifer M Rozzoni |
| Gregory B Wormuth |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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Filing 74
ORDER by District Judge James O. Browning granting #72 Motion to Withdraw as Attorney. Added attorney Kedar Bhasker, Corbin Hildebrandt,Geoffrey R Romero for Yvonne Apodaca. Attorney Corinne Holt terminated (arp)
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Filing 73
PLEASE TAKE NOTICE that this case has been reassigned to United States Magistrate Judge Jennifer M. Rozzoni as the pretrial 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng)
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Filing 72
Unopposed MOTION to Withdraw as Attorney and Substitution of Counsel by Yvonne Apodaca. (Holt, Corinne)
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Filing 71
NOTICE by Young America Insurance Company of Withdrawal of Appearance of Ernest E. Vargo (Mumford, Michael)
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Filing 70
ANSWER to #30 Amended Complaint by Young America Insurance Company.(Mumford, Michael)
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Filing 69
NOTICE by Young America Insurance Company of Supplemental Authority (Attachments: #1 Exhibit A - Lucero v. Nationwide, #2 Exhibit B - July 14, 2022 Transcript) (Mumford, Michael)
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Filing 68
NOTICE by Young America Insurance Company of Extension to Answer Second Amended Complaint (Mumford, Michael)
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Filing 67
ORDER by District Judge James O. Browning denying #45 Motion to Dismiss for Failure to State a Claim. (arp)
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Filing 66
CERTIFICATE OF SERVICE by Yvonne Apodaca Plaintiff's First Interrogatories and Requests for Production to Defendants (Holt, Corinne)
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Filing 64
TRANSCRIPT of Motion Proceedings held on July 14, 2022, before District Judge James O. Browning. Court Reporter/Transcriber Jennifer Bean, Telephone number 505-348-2283. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 8/2/2022. Redaction Request due 8/16/2022. Redacted Transcript Deadline set for 8/26/2022. Release of Transcript Restriction set for 10/24/2022. (jab)
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Filing 63
CERTIFICATE OF SERVICE by Young America Insurance Company of Service of Initial Disclosures (Mumford, Michael) Modified text on 7/25/2022 (arp).
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Filing 62
CERTIFICATE OF SERVICE by Yvonne Apodaca Plaintiff's Initial Disclosures (Holt, Corinne)
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Filing 61
NOTICE by Young America Insurance Company Regarding Prospective New Mexico Supreme Court Decisions (Mumford, Michael)
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Filing 60
JOINT STATUS REPORT and Provisional Discovery Plan by Young America Insurance Company (Mumford, Michael) Modified text on 7/13/2022 (arp).
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Filing 59
NOTICE OF WITHDRAWAL OF DOCUMENT as to document #57 Motion to Vacate by Yvonne Apodaca (Holt, Corinne)
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Filing 58
NOTICE by Young America Insurance Company Regarding Attendance at July 14, 2022 Motion Hearing (Mumford, Michael)
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Filing 57
Unopposed MOTION to Vacate and Reset Hearing by Yvonne Apodaca. (Holt, Corinne)
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Filing 56
STIPULATED ORDER by District Judge James O. Browning granting #49 ORDER on Motion to Extend. IT IS THEREFORE ORDERED that Plaintiff is permitted to file her response that exceeds Twenty-Four (24) pages but does not exceed Thirty-Nine (39) pages. (arp)
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Filing 55
INITIAL SCHEDULING ORDER by District Judge James O. Browning. Joint Status Report due by 7/12/2022. Scheduling Conference set for 7/14/2022 at 10:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (arp)
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Filing 54
NOTICE of Motion Hearing on Motion of Defendant Young America Insurance Company to Dismiss Plaintiff's Second Amended Complaint #45 scheduled for 7/14/2022 at 10:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Should a party wish to appear remotely for this hearing they shall notify the Court by filing a written notice no later than 7/12/2022 indicating the preferred method of attendance (via telephone, via Zoom or any other desired method). Upon receipt of notification that one or more of the party(ies) wishes to appear remotely via Zoom the Court will schedule the Zoom session and provide connectivity details to the parties through separate notice/communication. Absent notification as indicated above, the Court will presume an in-person appearance is intended and plan accordingly. (lr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 53
NOTICE by Young America Insurance Company of Completion of Briefing (Mumford, Michael)
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Filing 52
REPLY to Response to Motion re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Young America Insurance Company. (Mumford, Michael)
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Filing 51
NOTICE by Young America Insurance Company of agreed extension to file reply brief in support of Young America Insurance Company's Motion to Dismiss plaintiff's Second Amended Complaint (Mumford, Michael)
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Filing 50
RESPONSE to Motion re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Yvonne Apodaca. (Holt, Corinne)
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Filing 49
Unopposed MOTION to Extend (other) Page Limits on Plaintiff's response to Motion to Dismiss by Yvonne Apodaca. (Holt, Corinne)
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Filing 48
ORDER by District Judge James O. Browning granting #47 Motion to Withdraw as Attorneys. Attorney Leonard Raymond Grossman; Kinzie Reed Johnson; Gary Michael Bellair and Andrew B Curtis terminated (bap)
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Filing 47
MOTION to Withdraw as Attorney by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Attachments: #1 Exhibit Proposed Order) (Bellair, Gary)
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Filing 46
NOTICE by Yvonne Apodaca of Agreed Extension to File Response to Motion to Dismiss Second Amended Complaint (Holt, Corinne) Modified text on 12/30/2021 (bap).
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Filing 45
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Young America Insurance Company. (Attachments: #1 Exhibit Policy, #2 Exhibit Comparison) (Mumford, Michael)
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Filing 44
NOTICE of Appearance by Alicia M. Santos on behalf of Young America Insurance Company (Santos, Alicia)
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Filing 43
Joint Status Report by Young America Insurance Company (Attachments: #1 Exhibit Opinion) (Mumford, Michael)
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Filing 42
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning 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 Sr. District Judge Robert C. Brack no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
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Filing 41
MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack GRANTING IN PART #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Counts IV and V of Plaintiff's Second Amended Complaint; (yc)
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Filing 40
NOTICE of Briefing Complete by All Defendants re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Counts IV and V of Plaintiff's Second Amended Complaint filed by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company (Mumford, Michael)
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Filing 39
RESPONSE in Support re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Counts IV and V of Plaintiff's Second Amended Complaint filed by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Mumford, Michael)
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Filing 38
ORDER by Sr. District Judge Robert C. Brack granting #37 Unopposed MOTION for Extension of Time to File Response/Reply as to #36 Response to Motion Replies due by 6/17/2019. (jn)
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Filing 37
Unopposed MOTION for Extension of Time to File Response/Reply as to #36 Response to Motion by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Mumford, Michael)
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Filing 36
RESPONSE to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Counts IV and V of Plaintiff's Second Amended Complaint filed by Yvonne Apodaca. (Holt, Corinne)
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Filing 35
ORDER by Sr. District Judge Robert C. Brack granting #34 Motion for Extension of Time to File Response/Reply; Plaintiff may file a response brief to Defendant's Motion to Dismiss no later than May 20. 2019 (jn)
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Filing 34
Unopposed MOTION for Extension of Time to File Response/Reply to Defendants Motion to Dismiss by Yvonne Apodaca. (Holt, Corinne)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Counts IV and V of Plaintiff's Second Amended Complaint by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Attachments: #1 Exhibit redline comparison) (Mumford, Michael)
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Filing 32
ORDER by Sr. District Judge Robert C. Brack granting #31 Unopposed MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Plaintiff's Second Amended Complaint filed by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company; Defendants may respond to Plaintiff's Second Amended Class Action Complaint no later than April 5, 2019. (jn)
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Filing 31
Unopposed MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Plaintiff's Second Amended Complaint by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Mumford, Michael)
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Filing 30
AMENDED COMPLAINT Second Amended Complaint for Breach of Statutory, Common Law, and Contractual Duties against All Defendants., filed by Yvonne Apodaca. (Holt, Corinne)
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Filing 29
ORDER by Sr. District Judge Robert C. Brack granting #28 Motion for Extension of Time to Amend; Plaintiff may file a Second Amended Complaint in this matter no later than March 1, 2019. (jn)
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Filing 28
Unopposed MOTION for Extension of Time to Amend Extension to file Second Amended Complaint by Yvonne Apodaca. (Holt, Corinne)
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Filing 27
MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack granting in part #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Plaintiff may file a Second Amended Complaint no later than January 30, 2019. (jn)
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Filing 26
NOTICE of Briefing Complete by All Defendants re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company (Mumford, Michael)
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Filing 25
REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Mumford, Michael)
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Filing 24
ORDER by Sr. District Judge Robert C. Brack granting #22 Unopposed MOTION for Extension of Time to File Response/Reply filed by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company; Defendant shall file a reply to the pending motion to dismiss on or before October 1, 2018. (jn)
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Filing 23
ORDER by Magistrate Judge Jerry H. Ritter granting #22 Motion for Extension of Time to File Response/Reply. Defendants shall file their Reply to #14 Motion to Dismiss by 10/1/2018. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bjp)
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Filing 22
Unopposed MOTION for Extension of Time to File Response/Reply by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Mumford, Michael)
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Filing 21
RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM P's Response to Def's MTD filed by Yvonne Apodaca. (Holt, Corinne)
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Filing 20
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. 18. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Filing 19
PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack 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 Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mnb)
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Filing 17
ORDER by Magistrate Judge Jerry H. Ritter granting #16 Motion for Extension of Time to File Response/Reply re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 9/4/2018 Replies due by 9/17/2018. (bjp)
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Filing 16
Unopposed MOTION for Extension of Time to File Response/Reply to Defs Motion to Dismiss by Yvonne Apodaca. (Holt, Corinne)
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Filing 15
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 14 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. (kls)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EP Loya Group, LP, Loya Insurance Company, Young America Insurance Company. (Attachments: #1 Exhibit A) (Mumford, Michael)
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Filing 13
NOTICE of Appearance by Kinzie Reed Johnson on behalf of Young America Insurance Company (Johnson, Kinzie)
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Filing 12
NOTICE of Appearance by Leonard Raymond Grossman on behalf of Young America Insurance Company (Grossman, Leonard)
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Filing 11
ORDER by Magistrate Judge Jerry H. Ritter finding as moot #8 Motion for Extension of Time to Answer ; granting #10 Motion for Extension of Time to File. Defendant Young American Insurance Company shall file its response to #9 Plaintiff's First Amended Complaint by 8/6/2018.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bjp)
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Filing 10
Unopposed MOTION for Extension of Time to File Response to Plaintiff's First Amended Complaint by Young America Insurance Company. (Mumford, Michael)
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Filing 9
AMENDED COMPLAINT against Young America Insurance Company. adding Loya Insurance Company and EP Loya Group, LP., filed by Yvonne Apodaca. (Holt, Corinne)
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Filing 8
Unopposed MOTION for Extension of Time to File Answer , move or otherwise respond to the complaint by Young America Insurance Company. (Mumford, Michael)
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Filing 7
NOTICE of Appearance by Ernest E Vargo on behalf of Young America Insurance Company (Vargo, Ernest)
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Filing 6
NOTICE of Appearance by Michael Mumford on behalf of Young America Insurance Company (Mumford, Michael)
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Filing 5
ORDER by Magistrate Judge Jerry H. Ritter granting #3 Motion for Extension of Time to File Response/Reply. Response to Plaintiff's Complaint due by 6/4/2018. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bjp)
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Filing 4
NOTICE by Young America Insurance Company Certificate of Interested Persons (Curtis, Andrew)
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Filing 3
Unopposed MOTION for Extension of Time to File Response/Reply or to Move or Plead or Otherwise Respond to the Complaint by Young American Insurance Company. (Curtis, Andrew)
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Filing and Administrative Fees Received: $ 400 receipt number 1084-5788188 re #1 Notice of Removal (Payment made via Pay.gov)(Curtis, Andrew)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth 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)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Second Judicial District Court, case number D-202-CV-2018-01469. ( Filing Fee - Online Payment), filed by All Defendants. (Curtis, Andrew)
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Magistrate Judge Gregory B. Wormuth and Magistrate Judge Jerry H. Ritter assigned. (kdh)
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