Vote Solar et al v. City of Farmington
Plaintiff: Jeffrey Neidhart, Michael Eisenfeld, Neil Tribbett, The Coliseum, Inc., Erin Hourihan, Stephen Ellison, Jerry Knutson, David Fosdeck, Vote Solar, Vickie Slikkerveer, Steven Bair and James Neidhart
Defendant: City of Farmington
Case Number: 1:2019cv00753
Filed: August 16, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Carmen E Garza
Referring Judge: James A Parker
2 Judge: John F Robbenhaar
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2019 Opinion or Order Filing 22 NOTICE of Briefing Complete by City of Farmington re #11 Partial MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by City of Farmington (McCullough, Kristen)
October 9, 2019 Opinion or Order Filing 21 REPLY to Response to Motion re #11 Partial MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by City of Farmington. (McCullough, Kristen)
September 25, 2019 Opinion or Order Filing 20 RESPONSE in Opposition re #11 Partial MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Steven Bair, Michael Eisenfeld, Stephen Ellison, David Fosdeck, Erin Hourihan, Jerry Knutson, James Neidhart, Jeffrey Neidhart, Vickie Slikkerveer, The Coliseum, Inc., Neil Tribbett, Vote Solar. (Attachments: #1 Affidavit Declaration of Michael Eisenfeld, #2 Affidavit Declaration of David Fosdeck, #3 Affidavit Declaration of Stephen Ellison) (Bender, David)
September 24, 2019 Opinion or Order Filing 19 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. Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
September 17, 2019 Opinion or Order Filing 18 INITIAL SCHEDULING ORDER by Chief Magistrate Judge Carmen E. Garza. Joint Status Report due by 10/16/2019. A Telephonic Rule 16 Scheduling Conference is set for 10/23/2019 at 2:30 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter access code 7467959, to be connected 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 9/23/2019. (ag)
September 13, 2019 Opinion or Order Filing 17 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. (khs)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 13, 2019 Opinion or Order Filing 16 ASSOCIATION of Attorney Licensed Outside the District for Defendant City of Farmington by Jennifer N Breakell on behalf of: Lisa Gast Duncan Weinberg Genzer Pembroke 1667 K Street NW Suite 700Washington, DC 20006 202-467-6370 Fax 202-467-6379 LSG@dwgp.com (Association Dues - Online Payment) (Breakell, Jennifer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 13, 2019 Opinion or Order Filing 15 ASSOCIATION of Attorney Licensed Outside the District for Defendant City of Farmington by Jennifer N Breakell on behalf of: Sean Neal Duncan Weinberg Genzer Pembroke 1667 K Street NW Suite 700Washington, DC 20006 202-467-6370 Fax 202-467-6379 SMN@dwgp.com (Association Dues - Online Payment) (Breakell, Jennifer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 13, 2019 Opinion or Order Filing 14 ASSOCIATION of Attorney Licensed Outside the District for Defendant City of Farmington by Jennifer N Breakell on behalf of: Kristen McCullough Duncan Weinberg Genzer Pembroke 1667 K Street NW Suite 700Washington, DC 20006 202-467-6370 Fax 202-467-6379 KC@dwgp.com (Association Dues - Online Payment) (Breakell, Jennifer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 13, 2019 Opinion or Order Filing 13 NOTICE by City of Farmington of Good Standing and Association (Breakell, Jennifer)
September 13, 2019 Opinion or Order Association Dues Received: $ 100 receipt number 1084-6669725 re: # 7 Association of Attorney Licensed Outside the District, filed by City of Farmington (Payment made via Pay.gov)(Breakell, Jennifer)
September 13, 2019 Opinion or Order Association Dues Received: $ 100 receipt number 1084-6669698 re: # 5 Association of Attorney Licensed Outside the District, filed by City of Farmington (Payment made via Pay.gov)(Breakell, Jennifer)
September 13, 2019 Opinion or Order Association Dues Received: $ 100 receipt number 1084-6669713 re: # 6 Association of Attorney Licensed Outside the District, filed by City of Farmington (Payment made via Pay.gov)(Breakell, Jennifer)
September 12, 2019 Opinion or Order Filing 12 NOTICE by Steven Bair, Michael Eisenfeld, Stephen Ellison, David Fosdeck, Erin Hourihan, Jerry Knutson, James Neidhart, Jeffrey Neidhart, Vickie Slikkerveer, The Coliseum, Inc., Neil Tribbett, Vote Solar of Association and Good Standing (Bender, David)
September 11, 2019 Opinion or Order Filing 11 Partial MOTION to Dismiss for Lack of Subject Matter Jurisdiction by City of Farmington. (Attachments: #1 Supplement Memorandum of Support, #2 Exhibit Exhibits A & B to Motion to Dismiss) (Breakell, Jennifer)
September 10, 2019 Opinion or Order Filing 10 City of Farmington's ANSWER to #1 Complaint,, Answer by City of Farmington. Related document: #1 Complaint,, filed by Erin Hourihan, Steven Bair, Vote Solar, Stephen Ellison, Vickie Slikkerveer, James Neidhart, The Colosseum Gym, Michael Eisenfeld, David Fosdeck, Jerry Knutson, Jeffrey Neidhart, Neil Tribbett.(Breakell, Jennifer)
September 10, 2019 Opinion or Order Filing 9 SUMMONS Returned Executed by Neil Tribbett, Stephen Ellison, James Neidhart, Jerry Knutson, The Coliseum, Inc., Erin Hourihan, Michael Eisenfeld, Vickie Slikkerveer, Vote Solar, Jeffrey Neidhart, David Fosdeck, Steven Bair. (Bender, David)
September 10, 2019 Opinion or Order Filing 8 SUMMONS Returned Executed by Neil Tribbett, Stephen Ellison, James Neidhart, Jerry Knutson, The Coliseum, Inc., Erin Hourihan, Michael Eisenfeld, Vickie Slikkerveer, Vote Solar, Jeffrey Neidhart, David Fosdeck, Steven Bair. City of Farmington served on 8/22/2019, answer due 9/12/2019. (Bender, David)
August 19, 2019 Opinion or Order Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Steven Bair, Michael Eisenfeld, Stephen Ellison, David Fosdeck, Erin Hourihan, Jerry Knutson, James Neidhart, Jeffrey Neidhart, Vickie Slikkerveer, The Coliseum, Inc., Neil Tribbett, Vote Solar by David C. Bender on behalf of: Chinyere Osuala Earthjustice 1625 Massachusetts Avenue, N.W., Suite 702Washington, D.C. 20036 202-797-5258 Fax 202-667-2356 cosuala@earthjustice.org (Association Dues - Online Payment) (Bender, David)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 19, 2019 Opinion or Order Summonses Issued as to Defendant, City Clerk and Mayor. (ln)
August 19, 2019 Opinion or Order Association Dues Received: $ 100 receipt number 1084-6614713 re: # 3 Association of Attorney Licensed Outside the District,, filed by Erin Hourihan, Steven Bair, The Coliseum, Inc., Vote Solar, Stephen Ellison, Vickie Slikkerveer, James Neidhart, David Fosdeck, Michael Eisenfeld, Jerry Knutson, Jeffrey Neidhart, Neil Tribbett (Payment made via Pay.gov)(Bender, David)
August 16, 2019 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar 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.] (ln)
August 16, 2019 Opinion or Order Filing 1 COMPLAINT for Declaratory and Equitable Relief against City of Farmington ( Filing Fee - Online Payment), filed by Neil Tribbett, Stephen Ellison, James Neidhart, Jerry Knutson, The Coliseum, Inc., Erin Hourihan, Michael Eisenfeld, Vickie Slikkerveer, Vote Solar, Jeffrey Neidhart, David Fosdeck, Steven Bair. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Petition for Enforcement Under the Public Utility Regulatory Policies Act of 1978 (April 19, 2019), #3 Exhibit Notice of Intent Not to Act (June 18, 2019), #4 Exhibit Resolution No. 2017-1616, A Resolution Adopting and Approving Revised Rates for the Farmington Electric Utility System (January 24, 2017), #5 Fed. R. Civ. P. 7.1 Disclosure Statement)(Bender, David)
August 16, 2019 Opinion or Order Filing and Administrative Fees Received: $ 400 receipt number 1084-6612877 re #1 Complaint,, filed by Erin Hourihan, Steven Bair, The Coliseum, Inc., Vote Solar, Stephen Ellison, Vickie Slikkerveer, James Neidhart, David Fosdeck, Michael Eisenfeld, Jerry Knutson, Jeffrey Neidhart, Neil Tribbett (Payment made via Pay.gov)(Bender, David)
August 16, 2019 Opinion or Order United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Carmen E. Garza assigned. (ln)

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Plaintiff: Jeffrey Neidhart
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Michael Eisenfeld
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Neil Tribbett
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: The Coliseum, Inc.
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Erin Hourihan
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Stephen Ellison
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Jerry Knutson
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: David Fosdeck
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Vote Solar
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Vickie Slikkerveer
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: Steven Bair
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Plaintiff: James Neidhart
Represented By: David C. Bender
Represented By: Sara R Gersen
Represented By: Chinyere Osuala
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Defendant: City of Farmington
Represented By: Sean Neal
Represented By: Lisa Gast
Represented By: Jennifer N Breakell
Represented By: Kristen McCullough
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