Progressive Direct Insurance Company d/b/a Progressive Northern Insurance Company v. Gerken
Plaintiff: Progressive Direct Insurance Company d/b/a Progressive Northern Insurance Company and Progressive Direct Insurance Company
3Rd Party Plaintiff: Brendan Starkey, Heather Starkey, Mesha L. Gerken and Mesha Gerken
3Rd Party Defendant: Domenic Charles Miles and Progressive Direct Insurance Company d/b/a Progressie Northern Insurance Company
Case Number: 1:2019cv00864
Filed: September 18, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Kenneth J Gonzales
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2019 Filing 27 NOTICE of Briefing Complete by Mesha L. Gerken, Brendan Starkey, Heather Starkey re #13 MOTION to Remand to State Court filed by Brendan Starkey, Heather Starkey, Mesha L. Gerken (Ring, David)
November 8, 2019 Filing 26 REPLY to Response to Motion re #13 MOTION to Remand to State Court filed by Mesha L. Gerken, Progressive Direct Insurance Company, Brendan Starkey, Heather Starkey. (Ring, David)
November 8, 2019 Filing 25 NOTICE of Briefing Complete by Mesha L. Gerken, Brendan Starkey, Heather Starkey re #14 MOTION for Extension of Time to File Response to Motion to Dismiss (Accept as Timely) filed by Brendan Starkey, Heather Starkey, Mesha L. Gerken (Ring, David)
November 8, 2019 Filing 24 REPLY to Response to Motion re #14 MOTION for Extension of Time to File Response to Motion to Dismiss (Accept as Timely) filed by Mesha L. Gerken, Brendan Starkey, Heather Starkey. (Ring, David)
October 25, 2019 Filing 23 NOTICE of Briefing Complete by Domenic Charles Miles re #8 MOTION to Dismiss Third-Party Complaint Due to Violations of the Applicable Statute of Limitations filed by Domenic Charles Miles (Rowland, Bryan)
October 24, 2019 Filing 22 RESPONSE to Motion re #13 MOTION to Remand to State Court filed by Domenic Charles Miles. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rowland, Bryan)
October 24, 2019 Filing 21 REPLY to Response to Motion re #8 MOTION to Dismiss Third-Party Complaint Due to Violations of the Applicable Statute of Limitations filed by Domenic Charles Miles. (Rowland, Bryan)
October 24, 2019 Filing 20 RESPONSE to Motion re #14 MOTION for Extension of Time to File Response to Motion to Dismiss (Accept as Timely) filed by Domenic Charles Miles. (Rowland, Bryan)
October 22, 2019 Opinion or Order Filing 19 ORDER by Magistrate Judge Laura Fashing VACATING Rule 16 Initial Scheduling Conference set for 11/14/2019 at 10:00 AM and all deadlines set in Doc. #7 Initial Scheduling Order. This case is related to 19cv860 WJ-LF Gerken et al v. Miles and a MOTION to Consolidate Cases (Doc. 14) has been filed in that case. 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 consolidate in 19cv860 WJ-LF. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp)
October 21, 2019 Filing 18 Transmittal of State Court Documents by Domenic Charles Miles (Attachments: #1 Exhibit A) (Rowland, Bryan)
October 18, 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. 9 and 11. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
October 16, 2019 Filing 16 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
October 10, 2019 Filing 15 RESPONSE in Opposition re #8 MOTION to Dismiss Third-Party Complaint Due to Violations of the Applicable Statute of Limitations filed by Mesha L. Gerken, Brendan Starkey, Heather Starkey. (Ring, David)
October 10, 2019 Filing 14 MOTION for Extension of Time to File Response to Motion to Dismiss (Accept as Timely) by Mesha L. Gerken, Brendan Starkey, Heather Starkey. (Ring, David)
October 10, 2019 Filing 13 MOTION to Remand to State Court by Mesha L. Gerken, Brendan Starkey, Heather Starkey. (Ring, David)
October 10, 2019 Filing 12 NOTICE of Briefing Complete by Domenic Charles Miles re #8 MOTION to Dismiss Third-Party Complaint Due to Violations of the Applicable Statute of Limitations filed by Domenic Charles Miles (Rowland, Bryan)
October 2, 2019 Filing 10 NOTICE by Progressive Direct Insurance Company (Padilla, Richard)
September 25, 2019 Filing 8 MOTION to Dismiss Third-Party Complaint Due to Violations of the Applicable Statute of Limitations by Domenic Charles Miles. (Rowland, Bryan)
September 24, 2019 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing setting a Rule 16 Initial Scheduling Conference set for 11/14/2019 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 11/7/2019. 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 10/15/2019. (cda)
September 23, 2019 Filing 6 NOTICE of Appearance by Richard M Padilla on behalf of Progressive Direct Insurance Company (Padilla, Richard)
September 23, 2019 Filing 5 NOTICE of Appearance by Jeffrey M. Mitchell on behalf of Progressive Direct Insurance Company (Mitchell, Jeffrey)
September 19, 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.] (arp)
September 19, 2019 Filing 3 APPENDIX/SUPPLEMENT re #1 Notice of Removal, by Domenic Charles Miles (Attachments: #1 Supplement) (Rowland, Bryan)
September 19, 2019 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Laura Fashing assigned. (arp)
September 18, 2019 Filing 2 NOTICE of Appearance by Bryan Matthew Rowland on behalf of Domenic Charles Miles (Rowland, Bryan)
September 18, 2019 Filing 1 NOTICE OF REMOVAL by Domenic Charles Miles from Second Judicial District Court, case number D-202-CV-2018-03651. ( Filing Fee - Online Payment), filed by Domenic Charles Miles. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Rowland, Bryan)
September 18, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6680596 re #1 Notice of Removal, filed by Domenic Charles Miles (Payment made via Pay.gov)(Rowland, Bryan)

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Search for this case: Progressive Direct Insurance Company d/b/a Progressive Northern Insurance Company v. Gerken
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Plaintiff: Progressive Direct Insurance Company d/b/a Progressive Northern Insurance Company
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Plaintiff: Progressive Direct Insurance Company
Represented By: Jason P. Gubbins
Represented By: Jeffrey M. Mitchell
Represented By: Richard M Padilla
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3rd party plaintiff: Brendan Starkey
Represented By: David Z. Ring, IV
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3rd party plaintiff: Heather Starkey
Represented By: David Z. Ring, IV
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3rd party plaintiff: Mesha L. Gerken
Represented By: David Z. Ring, IV
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3rd party plaintiff: Mesha Gerken
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3rd party defendant: Domenic Charles Miles
Represented By: Bryan Matthew Rowland
Represented By: J Andrew deGraauw
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3rd party defendant: Progressive Direct Insurance Company d/b/a Progressie Northern Insurance Company
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