Sunbelt Rentals, Inc. v. Total Contracting Services, Inc.
| Sunbelt Rentals, Inc. |
| Total Contracting Services, Inc. |
| 1:2020cv00718 |
| July 17, 2020 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Martha Vazquez |
| Steven C Yarbrough |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 33 STIPULATION of Dismissal by Total Contracting Services, Inc. (Menicucci, Michael) |
| Filing 32 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Status Conference held on 2/2/2021. (kfo) |
Filing 31
ORDER by Magistrate Judge Steven C. Yarbrough setting Telephonic Status Conference set for 3/9/2021 at 09:30 AM before Magistrate Judge Steven C. Yarbrough. The parties shall call the AT&T Conference line at (888) 398-2342 [Access Code 2418431] to connect to the proceedings. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 30 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Scheduling Conference held on 11/17/2020. (kfo) |
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Filing 29
ORDER by Magistrate Judge Steven C. Yarbrough setting Telephonic Status Conference for 2/2/2021 at 11:30 AM before Magistrate Judge Steven C. Yarbrough. The parties shall call the AT&T Conference line at (888) 398-2342 [Access Code 2418431] to connect to the proceedings. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 28
ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Steven C. Yarbrough. (kfo)
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Filing 27
SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Discovery due by 7/1/2021. Pretrial Motions due by 8/2/2021. Proposed Pretrial Order due to Court by 11/16/2021. (kfo)
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| Filing 26 NOTICE by Sunbelt Rentals, Inc. re 24 Association of Attorney Licensed Outside the District, Association Dues for Attorney Licensed Outside the District Notice of Filing of Association for Jonathan Still (Mier, Keith) |
| Filing 25 NOTICE by Sunbelt Rentals, Inc. re Association Dues for Attorney Licensed Outside the District, 23 Association of Attorney Licensed Outside the District, Notice of Filing of Association for Brian Kimball (Mier, Keith) |
| Filing 24 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Sunbelt Rentals, Inc. by Keith C. Mier on behalf of: Jonathan H. Still Butler Snow LLP 1020 Highland Colony Parkway, Suite 1400Ridgeland, MS 39157 601-985-4340 Fax 601-985-4500 jon.still@butlersnow.com (Association Dues - Online Payment) (Mier, Keith)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 23 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Sunbelt Rentals, Inc. by Keith C. Mier on behalf of: Brian Kimball Butler Snow LLP 1020 Highland Colony Parkway, Suite 1400Ridgeland, MS 39158 601-985-5711 Fax 601-985-4500 brian.kimball@butlersnow.com (Association Dues - Online Payment) (Mier, Keith)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number ANMDC-7403385 re: # 23 Association of Attorney Licensed Outside the District, filed by Sunbelt Rentals, Inc. (Payment made via Pay.gov)(Mier, Keith) |
| Association Dues Received: $ 100 receipt number ANMDC-7403417 re: # 24 Association of Attorney Licensed Outside the District, filed by Sunbelt Rentals, Inc. (Payment made via Pay.gov)(Mier, Keith) |
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Filing 22
ORDER by Magistrate Judge Steven C. Yarbrough. Judge Yarbrough's AT&T Conference line number has changed. The parties should dial the new number, (888) 398-2342 [Access Code 2418431], to connect to the proceedings on 11/17/2020 at 02:30 PM. This order does not make any other changes to the scheduled conference. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 21 Joint Status Report and Provisional Discovery Plan by Sunbelt Rentals, Inc. (Mier, Keith) |
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Filing 20
ORDER by Magistrate Judge Steven C. Yarbrough Granting #11 Motion to Set Aside Default. In light of Plaintiff's non-opposition to this motion (Doc. #16 ), the Clerk's Entry of Default (Doc. #8 ) is hereby VACATED and SET ASIDE. The Court also DENIES AS MOOT #6 Plaintiff's Motion for Default Judgment. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 19
ORDER REFERRING #11 MOTION to Set Aside Default filed by Total Contracting Services, Inc. by District Judge Martha Vazquez. (gr)
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| Filing 18 NOTICE by Sunbelt Rentals, Inc. Notice of Withdrawal of Counsel-Derek Larson ONLY (Mier, Keith) |
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Filing 17
INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 11/6/2020. Telephonic Scheduling Conference set for 11/17/2020 at 02:30 PM. (kfo)
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| Filing 16 RESPONSE to Motion re #11 MOTION to Set Aside Default filed by Sunbelt Rentals, Inc.. (Mier, Keith) |
| Filing 15 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: No. 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl) |
| Filing 14 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Martha Vazquez 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 Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing 13 NOTICE of Appearance by Keith C. Mier on behalf of Sunbelt Rentals, Inc. (Mier, Keith) |
| Filing 12 ANSWER to #1 Complaint, by Total Contracting Services, Inc.. Related document: #1 Complaint, filed by Sunbelt Rentals, Inc..(Menicucci, Michael) |
| Filing 11 MOTION to Set Aside Default by Total Contracting Services, Inc.. (Menicucci, Michael) |
| Filing 10 Corporate Disclosure Statement by Total Contracting Services, Inc. identifying Corporate Parent Total Contracting Services, Inc. for Total Contracting Services, Inc.. (Menicucci, Michael) |
| Filing 9 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Total Contracting Services, Inc. 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. (Menicucci, Michael)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 8 Clerk's ENTRY OF DEFAULT as to Total Contracting Services, Inc. (arn) |
| Filing 7 NOTICE OF CONSENT SUBMISSION DEADLINE: 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 the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 6 MOTION for Default Judgment as to Defendant Total Contracting Services, Inc. by Sunbelt Rentals, Inc.. (Attachments: #1 Exhibit A) (Larson, Derek) |
| Filing 5 Corporate Disclosure Statement by Sunbelt Rentals, Inc. (Larson, Derek) |
| Filing 4 NOTICE of Appearance by Michael F. Menicucci on behalf of Total Contracting Services, Inc. (Menicucci, Michael) |
| Filing 3 SUMMONS Returned Executed by Sunbelt Rentals, Inc.. Total Contracting Services, Inc. served on 7/21/2020, answer due 8/11/2020. (Larson, Derek) |
| 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) |
| United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Steven C. Yarbrough assigned. (arp) |
| Summons Issued as to Total Contracting Services, Inc. (arp) |
| Filing 1 COMPLAINT for Breach of Contract against Total Contracting Services, Inc. ( Filing Fee - Online Payment), filed by Sunbelt Rentals, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Larson, Derek) |
| Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7216255 re #1 Complaint, filed by Sunbelt Rentals, Inc. (Payment made via Pay.gov)(Larson, Derek) |
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