Smith v. State of New Mexico et al
Plaintiff: Jennifer Smith
Defendant: State of New Mexico, Richard Whited, John Doe and Marianna Vigil
Case Number: 1:2020cv00591
Filed: June 19, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Gregory J Fouratt
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

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

Date Filed Document Text
August 17, 2020 Filing 23 CERTIFICATE OF SERVICE by Jennifer Smith of Initial Disclosures (Villa, Ryan)
August 11, 2020 Filing 22 Opposed MOTION to Stay (Limited Stay of Discovery) by State of New Mexico, Marianna Vigil. (Dickman, Michael)
August 11, 2020 Filing 21 Joint Status Report Joint Status Report and Provisional Discovery Plan by Richard Whited (Gardner, Douglas)
August 10, 2020 Filing 20 NOTICE of Briefing Complete by State of New Mexico, Marianna Vigil re #8 MOTION to Dismiss for Lack of Jurisdiction (Count V of Complaint) filed by State of New Mexico, Marianna Vigil (Dickman, Michael)
August 10, 2020 Filing 19 REPLY to Response to Motion re #8 MOTION to Dismiss for Lack of Jurisdiction (Count V of Complaint) filed by State of New Mexico, Marianna Vigil. (Dickman, Michael)
August 10, 2020 Opinion or Order Filing 18 ORDER RESETTING TRIAL SCHEDULING CONFERENCE by Magistrate Judge Gregory J. Fouratt. The Telephonic Trial Scheduling Conference, previously set for 9/1/2020 at 02:00 PM [ECF 14], is hereby reset to 9/1/2020 at 10:30 AM MST. The parties shall call Judge Fouratt's conference line at (888) 363-4735 and use Code 9873158 to connect to the proceedings. (nmh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 28, 2020 Filing 17 RESPONSE in Opposition re #8 MOTION to Dismiss for Lack of Jurisdiction (Count V of Complaint) filed by Jennifer Smith. (Villa, Ryan)
July 15, 2020 Filing 16 NOTICE by Richard Whited Notice of Filing of State Court Record (Attachments: #1 Exhibit A) (Gardner, Douglas)
July 9, 2020 Filing 15 NOTICE by Jennifer Smith re #8 MOTION to Dismiss for Lack of Jurisdiction (Count V of Complaint) Of Unopposed Extension of Time (Villa, Ryan)
July 6, 2020 Opinion or Order Filing 14 ORDER SETTING TRIAL SCHEDULING CONFERENCE by Magistrate Judge Gregory J. Fouratt. Telephonic Trial Scheduling Conference set for 9/1/2020 at 02:00 PM. The parties shall call Judge Fouratt's conference line at (888) 363-4735 and use Code 9873158 to connect to the proceedings. (mm)
July 2, 2020 Filing 13 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 11 Consent to Proceed Before a U.S. Magistrate Judge, filed by Richard Whited, 10 Consent to Proceed Before a U.S. Magistrate Judge, filed by Jennifer Smith, 12 Consent to Proceed Before a U.S. Magistrate Judge, filed by State of New Mexico, Marianna Vigil. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cfa)
July 2, 2020 Filing 12 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), State of New Mexico, Marianna Vigil voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Dickman, Michael)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 2, 2020 Filing 11 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Richard Whited voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Gardner, Douglas)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 1, 2020 Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Jennifer Smith voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Villa, Ryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 1, 2020 Filing 9 NOTICE OF CONSENT SUBMISSION DEADLINE: In light of the pending dispositive motion, and 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 this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by July 15, 2020. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 30, 2020 Filing 8 MOTION to Dismiss for Lack of Jurisdiction (Count V of Complaint) by State of New Mexico, Marianna Vigil. (Dickman, Michael)
June 25, 2020 Filing 7 Defendant Richard Whited's Answer to Plaintiff's Complaint for Violation of Civil Rights and Damages ANSWER to Complaint (Notice of Removal) by Richard Whited. (Gardner, Douglas)
June 25, 2020 Filing 6 NOTICE of Appearance by Douglas E Gardner on behalf of Richard Whited (Gardner, Douglas)
June 23, 2020 Filing 5 NOTICE by State of New Mexico, Marianna Vigil re #1 Notice of Removal (Consent to Removal) (Dickman, Michael)
June 23, 2020 Filing 4 NOTICE of Appearance by Michael Dickman on behalf of State of New Mexico, Marianna Vigil (Dickman, Michael)
June 22, 2020 Opinion or Order Filing 3 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing setting a telephonic Rule 16 Initial Scheduling Conference for 8/20/2020 at 02:15 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 8/13/2020. 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 7/13/2020. (cda)
June 19, 2020 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt 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)
June 19, 2020 Filing 1 NOTICE OF REMOVAL by Richard Whited from First Judicial District Court, case number D-101-CV-2020-01087. ( Filing Fee - Online Payment), filed by Richard Whited. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Gardner, Douglas)
June 19, 2020 Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7174817 re #1 Notice of Removal filed by Richard Whited (Payment made via Pay.gov)(Gardner, Douglas)
June 19, 2020 United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Laura Fashing assigned. (arp)

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Defendant: State of New Mexico
Represented By: Michael Dickman
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Defendant: Richard Whited
Represented By: Douglas E Gardner
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Defendant: John Doe
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Defendant: Marianna Vigil
Represented By: Michael Dickman
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Plaintiff: Jennifer Smith
Represented By: Ryan J Villa
Represented By: Kelly K Waterfall
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