Lopez v. Cochran et al
Plaintiff: Linda Lopez
Defendant: Carol Marie Cochran, Sage Concept, LLC and Sage Concept, LLC doing business as Santa Fe Sage Inn
Case Number: 1:2018cv01230
Filed: December 28, 2018
Court: US District Court for the District of New Mexico
Presiding Judge: Judith C Herrera
Referring Judge: Kirtan Khalsa
2 Judge: Stephan M Vidmar
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Opinion or Order Filing 51 ORDER by District Judge Judith C. Herrera granting #49 Joint Motion to Dismiss (baw)
July 11, 2019 Opinion or Order Filing 50 ORDER by District Judge Judith C. Herrera granting #48 Motion to Dismiss Carol Marie Cochran with Prejudice (baw)
July 5, 2019 Filing 49 Joint MOTION to Dismiss by Sage Concept, LLC. (Harrison, Jeremy)
July 3, 2019 Filing 48 MOTION to Dismiss with Prejudice by Carol Marie Cochran. (Shepherd, Edward)
June 4, 2019 Filing 47 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Rule 16 Settlement Conference held on 6/4/2019. Case settled. Dismissal documents due within 30 days. (kmt)
May 24, 2019 Filing 46 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Pre-Settlement Status Conference held on 5/24/2019. (tkl)
May 20, 2019 Filing 45 CERTIFICATE OF SERVICE by Sage Concept, LLC of Offer of Judgment (Harrison, Jeremy)
May 15, 2019 Opinion or Order Filing 44 ORDER REGARDING MOTION TO EXCUSE ADJUSTER by Magistrate Judge Kirtan Khalsa. Defendant Cochran's Motion to Excuse Adjuster (Doc. 38) is granted insofar as Defendant Cochran asks the Court to allow the June 4, 2019 Rule 16 Settlement Conference to take place as scheduled without Crystal Hunt in attendance and denied as moot insofar as she asks the Court to allow a local claims representative to attend the conference. (kmt)
May 14, 2019 Filing 43 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Hearing on Defendant Cochran's Motion to Excuse Adjuster held on 5/14/2019. (kmt)
May 14, 2019 Filing 42 CERTIFICATE OF SERVICE by Linda Lopez (Szantho, Andras)
May 14, 2019 Filing 41 Witness List by Linda Lopez. (Szantho, Andras)
May 10, 2019 Filing 40 NOTICE of Appearance by Laura Meghan Unklesbay on behalf of Sage Concept, LLC (Unklesbay, Laura)
May 9, 2019 Opinion or Order Filing 39 ORDER SETTING TELEPHONIC MOTION HEARING by Magistrate Judge Kirtan Khalsa. A hearing to address Defendant Cochran's Motion to Excuse Adjuster (Doc. 38) is set for 5/14/2019 at 10:30 AM 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. (kmt)
May 3, 2019 Filing 38 MOTION to Excuse Adjuster by Carol Marie Cochran. (Shepherd, Edward)
May 2, 2019 Filing 37 NOTICE of Hearing: Call of the Calendar is hereby set for 6/4/2020 at 01:30 PM in and - 420 Mimbres Courtroom before District Judge Judith C. Herrera. Jury Selection/Trial (trailing docket) is hereby set for 6/15/2020 at 09:00 AM in Albuquerque - 420 Mimbres Courtroom before District Judge Judith C. Herrera. (Attachments: #1 Pre-trial deadlines) (jc)
April 24, 2019 Filing 36 NOTICE by Carol Marie Cochran Notice to Take the Deposition of Linda Lopez (Shepherd, Edward)
April 23, 2019 Filing 35 CERTIFICATE OF SERVICE by Carol Marie Cochran Supplemental Initial Disclosures Under Rule 26(A)(1) (Shepherd, Edward)
April 22, 2019 Filing 34 CERTIFICATE OF SERVICE by Sage Concept, LLC of Responses and Objections to Plaintiff's First Interrogatories, Request for Production and Requests for Admission (Harrison, Jeremy)
April 17, 2019 Filing 33 CERTIFICATE OF SERVICE by Carol Marie Cochran Defendant Cochran's Responses & Objections to first set of interrogatories, request for production and Privilege Log (Kedge, Lauren) Modified text on 4/18/2019 (mjr).
March 27, 2019 Filing 32 REPLY to Response to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sage Concept, LLC. (Harrison, Jeremy)
March 22, 2019 Filing 31 CERTIFICATE OF SERVICE by Linda Lopez First Set of Interrogatories and Request for Production to Carol Marie Cochran, (Szantho, Andras) Modified text on 3/25/2019 (mjr).
March 22, 2019 Filing 30 CERTIFICATE OF SERVICE by Linda Lopez First Set of Interrogatories and Request for Production to Defendant Sage Concept (Szantho, Andras) Modified text on 3/25/2019 (mjr).
March 13, 2019 Filing 29 RESPONSE to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Linda Lopez. (Attachments: #1 Exhibit Exhibits in Response to motion to dismiss) (Szantho, Andras)
March 11, 2019 Filing 28 CERTIFICATE OF SERVICE by Carol Marie Cochran Responses to Plaintiff's First Request for Admissions (Shepherd, Edward)
March 7, 2019 Filing 27 CERTIFICATE OF SERVICE by Linda Lopez Request for Admissions to Cochran (Szantho, Andras)
February 28, 2019 Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sage Concept, LLC. (Harrison, Jeremy)
February 25, 2019 Filing 25 Carol Marie Cochran's ANSWER to #24 Amended Complaint Third Amended by Carol Marie Cochran.(Shepherd, Edward)
February 19, 2019 Filing 24 AMENDED COMPLAINT against All Defendants., filed by Linda Lopez. (Szantho, Andras)
February 19, 2019 Opinion or Order Filing 23 ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT by Magistrate Judge Kirtan Khalsa. Plaintiff's Unopposed Motion to Amend Complaint (Doc. 22) is granted. Plaintiff may file the Third Amended Complaint for Damages and Personal Injuries (Doc. 22-1) attached to her motion within 14 days of entry of this Order. (kmt)
February 15, 2019 Filing 22 Second MOTION to Amend/Correct by Linda Lopez. (Attachments: #1 Exhibit) (Szantho, Andras)
February 1, 2019 Opinion or Order Filing 21 ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. A Rule 16 Settlement Conference is set for 6/4/2019 at 09:30 AM in Albuquerque - 560 Cimarron Courtroom before Judge Khalsa. A Telephonic Pre-settlement Status Conference is set for 5/24/2019 at 03:00 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. Plaintiff's demand letter is due to Defendants by 5/10/2019. Defendants' counteroffer letters are due to Plaintiff by 5/20/2019. The parties' confidential position statements are due to the Court by 5/22/2019. (kmt)
February 1, 2019 Opinion or Order Filing 20 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Plaintiff to seek leave to join parties and amend pleadings by 3/15/2019. Defendants to seek leave to join parties and amend pleadings by 4/1/2019. Plaintiff's expert disclosures due by 5/15/2019. Defendants' expert disclosures due by 7/1/2019. Discovery due by 8/1/2019. Discovery motions due by 8/22/2019. Pretrial motions due by 9/3/2019. Proposed Pretrial Order due from Plaintiff to Defendants by 11/15/2019 and from Defendants to the Court by 11/29/2019. (kmt)
January 31, 2019 Filing 19 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Rule 16 Initial Scheduling Conference held on 1/31/2019. (kmt)
January 30, 2019 Filing 18 NOTICE of Appearance by Lauren T Kedge on behalf of Carol Marie Cochran (Kedge, Lauren)
January 23, 2019 Filing 17 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. 8 and 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
January 22, 2019 Filing 16 Joint Status Report by Sage Concept, LLC (Harrison, Jeremy)
January 18, 2019 Filing 15 CERTIFICATE OF SERVICE by Sage Concept, LLC of Initial Disclosures (Harrison, Jeremy)
January 18, 2019 Filing 14 CERTIFICATE OF SERVICE by Linda Lopez of Initial Disclosures (Szantho, Andras) Modified text on 1/22/2019 (mjr).
January 18, 2019 Filing 13 PLEASE TAKE NOTICE that this case has been reassigned to United States 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. United States Magistrate Judge Stephan M. Vidmar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
January 17, 2019 Filing 12 CERTIFICATE OF SERVICE by Carol Marie Cochran Initial Disclosures (Shepherd, Edward)
January 17, 2019 Opinion or Order Filing 11 STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING #10 Plaintiff's Unopposed Motion to Amend the Complaint. Plaintiff shall file an amended complaint no later than February 15, 2019. Because Plaintiff has leave to amend her Complaint, #6 Defendant Sage Concept, LLC's Motion to Dismiss is DENIED without prejudice as moot. (jcm)
January 15, 2019 Filing 10 MOTION to Amend/Correct by Linda Lopez. (Attachments: #1 Exhibit Second Amended Complaint) (Szantho, Andras)
January 7, 2019 Filing 7 NOTICE OF IMPENDING REASSIGNMENT: 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 this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed within 10 days. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (rh)
January 4, 2019 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sage Concept, LLC. (Harrison, Jeremy)
December 31, 2018 Opinion or Order Filing 5 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 1/10/2019. The parties' Joint Status Report and Provisional Discovery Plan is due by 1/22/2019. A Telephonic Rule 16 Initial Scheduling Conference is set for 1/31/2019 at 02:30 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter 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 1/25/2019. (kmt)
December 30, 2018 Filing 4 NOTICE by Carol Marie Cochran re #1 Notice of Removal, Notice of Consent to Removal (Kugler, Aaron)
December 28, 2018 Filing 3 NOTICE by Sage Concept, LLC re #1 Notice of Removal, Civil Cover Sheet (Harrison, Jeremy)
December 28, 2018 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Stephan M. Vidmar 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)
December 28, 2018 Filing 1 NOTICE OF REMOVAL by Sage Concept, LLC from First Judicial District Court, case number D-101-cv-2018-03062. ( Filing Fee - Online Payment), filed by Sage Concept, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Harrison, Jeremy)
December 28, 2018 Filing and Administrative Fees Received: $ 400 receipt number 1084-6201869 re #1 Notice of Removal, filed by Sage Concept, LLC (Payment made via Pay.gov)(Harrison, Jeremy)
December 28, 2018 Magistrate Judge Stephan M. Vidmar and Magistrate Judge Kirtan Khalsa assigned. (kdh)

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Defendant: Carol Marie Cochran
Represented By: Edward Shepherd
Represented By: Lauren T Kedge
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Defendant: Sage Concept, LLC
Represented By: Jeremy K. Harrison
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Defendant: Sage Concept, LLC doing business as Santa Fe Sage Inn
Represented By: Jeremy K. Harrison
Represented By: Laura Meghan Unklesbay
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Plaintiff: Linda Lopez
Represented By: Andras Szantho
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