Miceli v. Nexus Energy Systems, Inc. et al
| Joe Miceli |
| Nexus Energy Systems, Inc., Jane Does, Patricio Delgado, Andrew Little, Alex Rosenberg and Sandia Sun LLC |
| 1:2019cv01122 |
| December 2, 2019 |
| US District Court for the District of New Mexico |
| William P Johnson |
| John F Robbenhaar |
| Gregory B Wormuth |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
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Filing 62
ORDER by Chief District Judge William P. Johnson DISMISSING CASE with prejudice. (mag)
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| Filing 61 Joint MOTION to Dismiss with Prejudice by Nexus Energy Systems, Inc.. (Unruh, Minal) |
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Filing 60
ORDER by Magistrate Judge Gregory B. Wormuth finding as moot #33 ORDER on Motion to Extend; finding as moot #34 Motion to Compel. (jls)
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Filing 59
ORDER VACATING SETTLEMENT CONFERENCE AND DISCOVERY DEADLINES AND ORDER TO FILE CLOSING DOCUMENTS by Magistrate Judge Gregory B. Wormuth. (jls)
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| Filing 58 NOTICE of Settlement by Nexus Energy Systems, Inc., Sandia Sun LLC (Unruh, Minal) |
| Filing 57 NOTICE of Briefing Complete by Joe Miceli re #34 First MOTION to Compel filed by Joe Miceli, #33 MOTION to Extend (other) filed by Joe Miceli (Childress, Sidney) |
| Filing 56 REPLY to Response to Motion re #34 First MOTION to Compel , #33 MOTION to Extend (other) filed by Joe Miceli. (Childress, Sidney) |
| Filing 55 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc., Sandia Sun LLC of Offer of Judgment (Unruh, Minal) |
| Filing 54 **FILED IN ERROR** CERTIFICATE OF SERVICE by Andrew Little, Nexus Energy Systems, Inc., Alex Rosenberg, Sandia Sun LLC of Offer of Judgment (Unruh, Minal) Modified on 4/20/2020 per phone call on help desk (meq). |
| Filing 53 RESPONSE in Opposition re #44 MOTION to Dismiss for Improper Service of Process filed by Joe Miceli. (Attachments: #1 Exhibit photo, #2 Affidavit Declaration of process server, #3 Affidavit deposition testimony) (Childress, Sidney) |
| Filing 52 ERRATA re #51 Notice of Briefing Complete by Joe Miceli (Childress, Sidney) |
| Filing 51 NOTICE of Briefing Complete by Joe Miceli re #34 First MOTION to Compel filed by Joe Miceli, #33 MOTION to Extend (other) filed by Joe Miceli (Childress, Sidney) |
| Filing 50 RESPONSE in Opposition re #34 First MOTION to Compel filed by Nexus Energy Systems, Inc.. (Attachments: #1 Exhibit A) (Unruh, Minal) |
| Filing 49 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. of its First Supplemental Objections, Answers, and Responses to Plaintiff's Second Interrogatories and Requests for Production (Unruh, Minal) |
| Filing 48 RESPONSE in Opposition re #33 MOTION to Extend (other) filed by Nexus Energy Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Nixon, Jessica) |
| Filing 47 CERTIFICATE OF SERVICE by Sandia Sun LLC of its Initial Disclosures (Unruh, Minal) |
| Filing 46 CERTIFICATE OF SERVICE by Sandia Sun LLC of its Second Set of Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) |
| Filing 45 CERTIFICATE OF SERVICE by Sandia Sun LLC of its First Requests for Admission to Plaintiff (Unruh, Minal) |
| Filing 44 MOTION to Dismiss for Improper Service of Process by Andrew Little. (Attachments: #1 Exhibit A) (Nixon, Jessica) |
| Filing 43 NOTICE of Appearance by Jessica Lynn Nixon on behalf of Andrew Little (Nixon, Jessica) |
| Filing 42 NOTICE of Appearance by Jessica Lynn Nixon on behalf of Nexus Energy Systems, Inc. (Nixon, Jessica) |
| Filing 41 "FILED IN ERROR" CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. of its Second Set of Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) Modified text pursuant to phone call received on helpdesk by attorney's assistant on 4/6/2020 (bap). |
| Filing 40 "FILED IN ERROR" CERTIFICATE OF SERVICE by Sandia Sun LLC of its First Set of Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) Modified text pursuant to phone call received on helpdesk by attorney's assistant on 4/6/2020 (bap). |
| Filing 39 CERTIFICATE OF SERVICE by Sandia Sun LLC Sandia Sun, LLC's First Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) |
| Filing 38 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. Nexus Energy Systems, Inc.'s Second Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) |
| Filing 37 **FILED IN ERROR** CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. of its Second Set of Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) Modified on 4/3/2020 Court does not accept discovery (cmm). |
| Filing 36 **FILED IN ERROR** CERTIFICATE OF SERVICE by Sandia Sun LLC of its First Set of Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) Modified on 4/3/2020-court does not accept discovery (cmm). |
| Filing 35 ANSWER to #25 Amended Complaint by Sandia Sun LLC.(Unruh, Minal) |
| Filing 34 First MOTION to Compel by Joe Miceli. (Attachments: #1 Exhibit RFP #11, #2 Exhibit Nexus' objections, #3 Exhibit the Channel Partner Agreement) (Childress, Sidney) |
| Filing 33 MOTION to Extend (other) by Joe Miceli. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Childress, Sidney) |
| Filing 32 SUMMONS Returned Executed by Joe Miceli. Andrew Little served on 3/18/2020, answer due 4/8/2020. (Childress, Sidney) |
| Filing 31 CERTIFICATE OF SERVICE by Joe Miceli (written discovery requests to Sandia Sun) (Childress, Sidney) |
| Filing 30 **FILED IN ERROR** AFFIDAVIT of Service for Summons on First Amended Complaint served on Andrew Little on March 18, 2020, filed by Joe Miceli. (Childress, Sidney) Modified on 3/27/2020 called atty to let them know this should be filed as a "summons returned executed"(meq). |
| Filing 29 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. of its First Set of Interrogatories and Requests for Production to Plaintiff (Unruh, Minal) |
| Filing 28 Nexus Energy Systems, Inc.'s ANSWER to #25 Amended Complaint by Nexus Energy Systems, Inc..(Unruh, Minal) |
| Filing 27 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. of Answers and Responses to Plaintiff's Second Set of Interrogatories and Requests for Production (Unruh, Minal) |
| Filing 26 ACKNOWLEDGEMENT OF SERVICE Executed March 12, 2020 Acknowledgement filed by Sandia Sun LLC. (Unruh, Minal) |
| Filing 25 AMENDED COMPLAINT against All Defendants. adding rew Little, Alex Rosenberg and Sandia Sun LLC. terminating Patricio Delgado., filed by Joe Miceli. (Childress, Sidney) |
| Summons Issued on Amended Complaint as to Andrew Little, Alex Rosenberg, Sandia Sun LLC. (jg) |
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Filing 24
ORDER by Magistrate Judge Gregory B. Wormuth granting #22 Motion to Amend/Correct. (ts)
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| Filing 23 RESPONSE to Motion re #22 MOTION to Amend/Correct filed by Patricio Delgado, Nexus Energy Systems, Inc.. (Unruh, Minal) |
| Filing 22 MOTION to Amend/Correct by Joe Miceli. (Attachments: #1 Exhibit First Amended Complaint) (Childress, Sidney) |
| Filing 21 NOTICE by Joe Miceli Certificate of Service of written discovery requests (Childress, Sidney) |
| Filing 20 CERTIFICATE OF SERVICE by Patricio Delgado Patricio Delgado's Answers and Responses to Plaintiffs First Set of Interrogatories and Requests for Production (Unruh, Minal) |
| Filing 19 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. Certificate of Service re Nexus Energy Systems, Inc.'s Answers and Responses to Plaintiffs First Set of Interrogatories and Requests for Production (Unruh, Minal) |
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Filing 18
ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Gregory B. Wormuth. Settlement Conference set for 8/18/2020 at 10:30 AM in Las Cruces - 360 Dona Ana Courtroom (South Tower) before Magistrate Judge Gregory B. Wormuth. (jls)
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Filing 17
ORDER SETTING PRETRIAL DEADLINES AND BRIEFING SCHEDULE by Magistrate Judge Gregory B. Wormuth. Discovery due by 8/3/2020. Motions due by 9/1/2020. Proposed Pretrial Order due by 10/30/2020. (jls)
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| Filing 16 Clerk's Minutes for Scheduling Conference held before Magistrate Judge Gregory B. Wormuth on 2/4/2020. (jls) |
| Filing 15 CERTIFICATE OF SERVICE by Patricio Delgado First Set of Interrogatories and Requests for Production (Unruh, Minal) Modified text on 2/3/2020 (meq). |
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Filing 14
STIPULATED PROTECTIVE ORDER by Magistrate Judge Gregory B. Wormuth granting #13 Motion for Protective Order. (ts)
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| Filing 13 MOTION for Protective Order by Joe Miceli. (Attachments: #1 Exhibit proposed Order) (Childress, Sidney) |
| Filing 12 CERTIFICATE OF SERVICE by Nexus Energy Systems, Inc. Initial Disclosures (Unruh, Minal) |
| Filing 11 CERTIFICATE OF SERVICE by Patricio Delgado Initial Disclosures (Unruh, Minal) |
| Filing 10 Joint Status Report Joint Status Report and Provisional Discovery Plan by Nexus Energy Systems, Inc. (Unruh, Minal) |
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Filing 9
ORDER by Magistrate Judge Gregory B. Wormuth granting #8 Motion to Reset. Telephonic Scheduling Conference reset for 2/4/2020 at 02:00 PM. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to be connected to proceedings. (jls)
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| Filing 8 Unopposed MOTION to Reset Initial Scheduling Conference by Joe Miceli. (Childress, Sidney) |
| Filing 7 PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge William P. Johnson 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.] (aek) |
| Filing 6 Filing fee: $ 400.00, receipt number ALB045403 (bap)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 5
INITIAL SCHEDULING ORDER by Magistrate Judge Gregory B. Wormuth. Joint Status Report due by 1/14/2020. Telephonic Scheduling Conference set for 1/28/2020 at 02:00 PM. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to be connected to 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 12/26/2019. (ts)
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| Filing 4 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.] (arp) |
| Filing 3 ANSWER to Complaint (Notice of Removal) For Violations Of The Telephone Consumer Protection Act, The Unfair Practices Act, And Torts by Patricio Delgado. (Unruh, Minal) |
| Filing 2 ANSWER to Complaint (Notice of Removal) For Violations Of The Telephone Consumer Protection Act, The Unfair Practices Act, And Torts by Nexus Energy Systems, Inc.. (Unruh, Minal) |
| Filing 1 NOTICE OF REMOVAL by Patricio Delgado from Second Judicial District Court, case number D-202-CV-2019-07579. ( Filing Fee - Deliver Payment), filed by Patricio Delgado. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Unruh, Minal) |
| United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Gregory B. Wormuth assigned. (arp) |
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