Byer et al. v. Nationwide Insurance Company et al.
| William H Byer and Ryan N Byer |
| John Doe and Nationwide Insurance Company of America |
| 1:2019cv00877 |
| September 20, 2019 |
| US District Court for the District of New Mexico |
| Robert C Brack |
| Kirtan Khalsa |
| Jerry H Ritter |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 27 AMENDED ANSWER to Plaintiffs' Complaint, Counterclaim, and Jury Demand by Nationwide Insurance Company of America. (Attachments: #1 Exhibit A) (Wesner, David) |
| Filing 26 NOTICE of Hearing: Jury Selection and Jury Trial set for 05/17/2021, through 05/20/2021, (approximately four (4) days), at 09:00 AM in Las Cruces - 440 Guadalupe Courtroom (North Tower) before Sr. District Judge Robert C. Brack. (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 25 NOTICE of Hearing: Final Pretrial Conference set for 04/16/2021, at 08:30 AM, in Las Cruces - 440 Guadalupe Courtroom (North Tower) before Sr. District Judge Robert C. Brack. (Counsel may appear telephonically for all Pretrial Conferences by using ATT Conference Number: 888-557-8511; and Access Code: 8270258. Please call Judge Brack's Chambers two (2) weeks prior to your scheduled hearing indicating your preference to appear telephonically). (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 24 NOTICE of Hearing: Initial Pretrial Conference set for 03/12/2021, at 08:30 AM, in Las Cruces - 440 Guadalupe Courtroom (North Tower) before Sr. District Judge Robert C. Brack. (Counsel may appear telephonically for all Pretrial Conferences by using ATT Conference Number: 888-557-8511; and Access Code: 8270258. Please call Judge Brack's Chambers two (2) weeks prior to your scheduled hearing indicating your preference to appear telephonically). (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 23
ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. A Rule 16 Settlement Conference is set for 2/4/2020 at 09:30 AM in Albuquerque - 440 Hondo Courtroom before Judge Khalsa. A Telephonic Pre-Settlement Status Conference is set for 1/27/2020 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. Plaintiffs' demand letter is due to Defendants by 1/6/2020. Defendants' counteroffer letter is due to Plaintiffs by 1/16/2020. The parties' confidential position statements are due to the Court by 1/21/2020. (kmt)
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Filing 22
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Plaintiffs to seek leave to amend by 11/18/2019. Defendants to seek leave to amend by 12/18/2109. Plaintiffs' expert disclosures due by 3/4/2020. Defendants' expert disclosures due by 4/6/2019. Discovery due by 6/4/2020. Discovery motions due by 6/24/2020. Pretrial motions due by 7/6/2020. Proposed Pretrial Order due from Plaintiffs to Defendants by 9/4/2020 and from Defendants to the Court by 9/18/2020. (kmt)
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| Filing 21 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Rule 16 Initial Scheduling Conference held on 10/23/2019. (kmt) |
| 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: Nos. 6 and 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing 18 Joint Status Report and Provisional Discovery Plan by Nationwide Insurance Company of America (Pullen, Lisa) |
| Filing 17 CERTIFICATE OF SERVICE by Nationwide Insurance Company of America Initial Disclosures (Pullen, Lisa) |
| Filing 16 CERTIFICATE OF SERVICE by Ryan N Byer, William H Byer Plaintiffs' Initial Disclosures (McDonald, Bruce) |
| Filing 15 Defendant Nationwide Insurance Company of America's ANSWER to Complaint (Notice of Removal) and Affirmative Defenses to Plaintiffs' Complaint, and Jury Demand by Nationwide Insurance Company of America. (Pullen, Lisa) |
| Filing 14 NOTICE of Appearance by Lisa Entress Pullen on behalf of Nationwide Insurance Company of America (Pullen, Lisa) |
| Filing 13 NOTICE of Appearance by David M Wesner on behalf of Nationwide Insurance Company of America (Wesner, David) |
| Filing 12 Transmittal of State Court Documents by Nationwide Insurance Company of America (Attachments: #1 Certified State Court File) (Wesner, David) |
| Filing 11 DEMAND for Trial by Jury by Ryan N Byer, William H Byer (McDonald, Bruce) |
| Filing 10 NOTICE by Nationwide Insurance Company of America of Agreed Extension of Time for Filing of Defendant's Answer to Plaintiffs' Complaint (Wesner, David) |
| Filing 9 CERTIFICATE OF SERVICE by Nationwide Insurance Company of America Notice of Judge Assignment (Pullen, Lisa) |
| Filing 7 CERTIFICATE OF SERVICE by Nationwide Insurance Company of America (Pullen, Lisa) |
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Filing 5
INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 10/3/2019. The parties' Joint Status Report and Provisional Discovery Plan is due by 10/15/2019. A Telephonic Rule 16 Initial Scheduling Conference is set for 10/23/2019 at 02:30 PM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the 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 10/18/2019. (kmt)
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| Filing and Administrative Fees Received: $ 400 receipt number 1084-6687713 re #2 Notice of Removal, filed by Nationwide Insurance Company of America (Payment made via Pay.gov)(Pullen, Lisa) |
| 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) |
| Filing 3 Corporate Disclosure Statement by Nationwide Insurance Company of America identifying Corporate Parent Allied Group, Inc. for Nationwide Insurance Company of America. (Pullen, Lisa) |
| Filing 2 NOTICE OF REMOVAL by Nationwide Insurance Company of America from Santa Fe County, case number D-101-CV-2019-02072. ( Filing Fee - Online Payment), filed by Nationwide Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B.1, #4 Exhibit B.2)(Pullen, Lisa) |
| Filing 1 APPENDIX/SUPPLEMENT Civil Cover Sheet by Nationwide Insurance Company of America (Pullen, Lisa) |
| United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Kirtan Khalsa assigned. (jg) |
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