Garcia v. Martinez et al
Plaintiff: Veronica Garcia
Defendant: New Mexico Corrections Department, Western New Mexico Correctional Facility, State of New Mexico, Michael Martinez, Warden Roberta Lucero Ortega, Deputy Warden Pete Perez, Pete Perez and Roberta Lucero Ortega
Case Number: 1:2019cv00641
Filed: July 15, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: James A Parker
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Filing 17 NOTICE by Veronica Garcia of Withdrawal of Counsel (Green, Amye)
September 3, 2019 Filing 16 MOTION for Judgment on the Pleadings Motion to Dismiss Count VIII by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility. (Robles, Luis)
September 3, 2019 Filing 15 MOTION for Judgment on the Pleadings Motion for Judgment on Pleadings with Respect to Counts I-IV by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility. (Robles, Luis)
August 31, 2019 Filing 14 MOTION for Leave to File Motion for Leave to Amend the Notice of Removal by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility. (Attachments: #1 Exhibit A) (Robles, Luis)
August 30, 2019 Filing 13 NOTICE by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility re #12 Response to Motion, Notice of Filling Attachment for Exhibit B [Doc. 12-2] to Defendants' Response to Motion to Remand [Doc. No. 12] (Attachments: #1 Exhibit B) (Robles, Luis)
August 28, 2019 Filing 12 RESPONSE to Motion re #9 MOTION to Remand to State Court Response to Motion to Remand filed by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Robles, Luis)
August 16, 2019 Opinion or Order Filing 11 ORDER by Magistrate Judge Laura Fashing VACATING Rule 16 Initial Scheduling Conference on 9/3/2019 at 02:00 PM. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order at this time due to the pending motion to remand (Doc. 9). [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (pv)
August 14, 2019 Filing 10 ANSWER to Complaint (Notice of Removal) Defendants' Answers and Affirmative Defenses to Plaintiff's Complaint for Civil Rights Violations, Violations of the First Amendment, Assault, Battery, and Violations of the New Mexico Constitution Under the New Mexico Tort Claims Act by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility. (Robles, Luis)
August 14, 2019 Filing 9 MOTION to Remand to State Court by Veronica Garcia. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Green, Amye)
August 8, 2019 Filing 8 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James A. Parker 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
August 7, 2019 Filing 7 NOTICE by Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility Notice of Filing of State Court Record (Robles, Luis) Modified text on 8/8/2019 (bap).
July 23, 2019 Summons Issued as to Roberta Lucero Ortega. (ln)
July 18, 2019 Filing 6 NOTICE of Appearance by Amye Gayle Green on behalf of Veronica Garcia (Green, Amye)
July 17, 2019 Opinion or Order Filing 5 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing setting a telephonic Rule 16 Initial Scheduling Conference for 9/3/2019 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 8/27/2019. 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 8/7/2019. (cda)
July 16, 2019 Filing 4 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)
July 16, 2019 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Laura Fashing assigned (jg)
July 16, 2019 FILED IN ERROR - United States District Judge James O. Browning and United States Magistrate Judge Laura Fashing assigned. (jg) Modified (incorrect deck used)on 7/16/2019 (ln).
July 15, 2019 Filing 3 NOTICE of Appearance by Marcus J Rael, Jr on behalf of Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility (Rael, Marcus)
July 15, 2019 Filing 2 NOTICE of Appearance by Luis E. Robles on behalf of Roberta Lucero Ortega, Michael Martinez, New Mexico Corrections Department, Pete Perez, State of New Mexico, Western New Mexico Correctional Facility (Robles, Luis)
July 15, 2019 Filing 1 NOTICE OF REMOVAL by Roberta Lucero Ortega, New Mexico Corrections Department, State of New Mexico, Pete Perez, Michael Martinez, Western New Mexico Correctional Facility from First Judicial District Court, case number D-101-CV-2019-01334. ( Filing Fee - Online Payment), filed by Roberta Lucero Ortega, New Mexico Corrections Department, State of New Mexico, Pete Perez, Michael Martinez, Western New Mexico Correctional Facility. (Attachments: #1 Exhibit Exhibit A - Complaint (05.14.19), #2 Civil Cover Sheet Civil Cover Sheet)(Robles, Luis)
July 15, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6543972 re #1 Notice of Removal,, filed by New Mexico Corrections Department, Roberta Lucero Ortega, Western New Mexico Correctional Facility, State of New Mexico, Michael Martinez, Pete Perez (Payment made via Pay.gov)(Robles, Luis)

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Search for this case: Garcia v. Martinez et al
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Plaintiff: Veronica Garcia
Represented By: Louren M Oliveros
Represented By: Amye Gayle Green
Represented By: Anna C. Martinez
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Defendant: New Mexico Corrections Department
Represented By: Luis E. Robles
Represented By: Marcus J Rael, Jr
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Defendant: Western New Mexico Correctional Facility
Represented By: Luis E. Robles
Represented By: Marcus J Rael, Jr
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Defendant: State of New Mexico
Represented By: Luis E. Robles
Represented By: Marcus J Rael, Jr
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Defendant: Michael Martinez
Represented By: Luis E. Robles
Represented By: Marcus J Rael, Jr
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Defendant: Warden Roberta Lucero Ortega
Represented By: Luis E. Robles
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Defendant: Deputy Warden Pete Perez
Represented By: Luis E. Robles
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Defendant: Pete Perez
Represented By: Luis E. Robles
Represented By: Marcus J Rael, Jr
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Defendant: Roberta Lucero Ortega
Represented By: Luis E. Robles
Represented By: Marcus J Rael, Jr
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