Childress v. Desilva Automotive Services LLC et al
Plaintiff: Marjorie Childress
Defendant: Paylink Payment Plans LLC, Desilva Automotive Services LLC, Vajira Samararatne and Palmer Administrative Services Inc.
Case Number: 1:2020cv00136
Filed: February 17, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: Jerry H Ritter
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2020 Filing 21 RESPONSE in Opposition re #15 MOTION to Stay and Brief in Support filed by Marjorie Childress. (Attachments: #1 Exhibit gov't's petition, #2 Exhibit Defendants' alleged evidence, #3 Exhibit Defendants' alleged call log, #4 Exhibit data retention policies, #5 Exhibit Verizon subpoena, #6 Exhibit Plaintiff's notes, #7 Exhibit AT&T subpoena) (Childress, Sidney)
April 16, 2020 Opinion or Order Filing 20 INITIAL SCHEDULING ORDER: by District Judge James O. Browning. Rule 16(c) Hearing set for 6/3/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (vv)
April 16, 2020 Filing 19 NOTICE of Hearing on Motion #15 MOTION to Stay and Brief in Support, #13 MOTION for Protective Order : Motion Hearing set for 6/3/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 16, 2020 Filing 18 STATUS REPORT and Requested Discovery Plan by Marjorie Childress (Childress, Sidney)
April 16, 2020 Filing 17 NOTICE of Briefing Complete by Marjorie Childress re #13 MOTION for Protective Order filed by Marjorie Childress (Childress, Sidney)
April 15, 2020 Filing 16 CERTIFICATE OF SERVICE by Desilva Automotive Services LLC Defendants Answers to Plaintiff Discovery (Biehler, Gregory)
April 6, 2020 Filing 15 MOTION to Stay and Brief in Support by Desilva Automotive Services LLC, Palmer Administrative Services Inc., Paylink Payment Plans LLC, Vajira Samararatne. (Biehler, Gregory)
March 27, 2020 Opinion or Order Filing 14 ORDER by Magistrate Judge Jerry H. Ritter VACATING the telephonic Rule 16 Scheduling Conference set for 4/14/2020. Presiding District Judge Browning will reset the hearing at his convenience. The parties should still meet and confer and submit a Joint Status Report and Provisional Discovery Plan as initially directed by 4/7/2020 unless Judge Browning orders otherwise. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mlt)
March 26, 2020 Filing 13 MOTION for Protective Order by Marjorie Childress. (Attachments: #1 Exhibit proposed Protective Order) (Childress, Sidney)
March 26, 2020 Filing 12 CERTIFICATE OF SERVICE by Marjorie Childress re discovery (Childress, Sidney) Modified on 3/27/2020 (vv).
March 26, 2020 Filing 11 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning 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 Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
March 24, 2020 Filing 10 CERTIFICATE OF SERVICE by Desilva Automotive Services LLC, Palmer Administrative Services Inc., Paylink Payment Plans LLC, Vajira Samararatne Defendants' Initial Disclosures (Biehler, Gregory)
March 11, 2020 Filing 9 Corporate Disclosure Statement by Paylink Payment Plans LLC identifying Corporate Parent OP Group Holdings, LLC for Paylink Payment Plans LLC. (Biehler, Gregory)
March 11, 2020 Filing 8 Corporate Disclosure Statement by Palmer Administrative Services Inc. identifying Corporate Parent Palmer Administrative Services, Inc. for Palmer Administrative Services Inc.. (Biehler, Gregory)
March 11, 2020 Filing 7 Corporate Disclosure Statement by Desilva Automotive Services LLC identifying Corporate Parent Paylink Payment Plans LLC, Corporate Parent OP Group Holdings, LLC for Desilva Automotive Services LLC. (Biehler, Gregory)
March 11, 2020 Filing 6 Corporate Disclosure Statement by Desilva Automotive Services LLC identifying Corporate Parent Palmer Administrative Services Inc. for Desilva Automotive Services LLC. (Biehler, Gregory)
March 11, 2020 Filing 5 Corporate Disclosure Statement by Desilva Automotive Services LLC identifying Corporate Parent Desilva Automotive Services LLC for Desilva Automotive Services LLC. (Biehler, Gregory)
February 25, 2020 Opinion or Order Filing 4 INITIAL SCHEDULING ORDER: by Magistrate Judge Jerry H. Ritter setting a Rule 16 Initial Scheduling Conference for 4/14/2020 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Joint Status Report and Provisional Discovery Plan due by 4/7/2020. 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 3/25/2020. (mlt)
February 24, 2020 Filing 3 ANSWER to Complaint (Notice of Removal) by Desilva Automotive Services LLC. (Biehler, Gregory)
February 18, 2020 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing 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)
February 18, 2020 United States Magistrate Judge Laura Fashing and United States Magistrate Judge Jerry H. Ritter assigned. (arp)
February 17, 2020 Filing 1 NOTICE OF REMOVAL by All Defendants from Superior Court Bernalillo County, case number D-202-CV-2020-00272. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Exhibit State Action, #2 Civil Cover Sheet)(Biehler, Gregory)
February 17, 2020 Filing and Administrative Fees Received: $ 400 receipt number 1084-6963490 re #1 Notice of Removal, filed by Paylink Payment Plans LLC, Vajira Samararatne, Desilva Automotive Services LLC, Palmer Administrative Services Inc. (Payment made via Pay.gov)(Biehler, Gregory)

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Plaintiff: Marjorie Childress
Represented By: Sidney Childress
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Defendant: Paylink Payment Plans LLC
Represented By: Gregory L. Biehler
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Defendant: Desilva Automotive Services LLC
Represented By: Gregory L. Biehler
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Defendant: Vajira Samararatne
Represented By: Gregory L. Biehler
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Defendant: Palmer Administrative Services Inc.
Represented By: Gregory L. Biehler
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