Zumwalt v. Evans et al
Plaintiff: Lindsi M. Zumwalt
Defendant: New Mexico Department of Public Safety and Daniel Evans
Case Number: 1:2020cv01276
Filed: December 8, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Kea W Riggs
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 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 4, 2021 Opinion or Order Filing 18 ANSWER to Complaint (Notice of Removal) by New Mexico Department of Public Safety. (Jarmie, Mark)
January 28, 2021 Opinion or Order Filing 17 DEMAND for Trial by Jury by Daniel Evans (Brennan, Christina)
January 28, 2021 Opinion or Order Filing 16 Defendant Evans' ANSWER to Complaint (Notice of Removal) by Daniel Evans. (Brennan, Christina)
January 22, 2021 Opinion or Order Filing 15 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing setting a Rule 16 Initial Scheduling Conference for 3/8/2021 at 02:15 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 3/1/2021. (cda)
January 22, 2021 Opinion or Order Filing 14 ORDER by Magistrate Judge Laura Fashing granting #13 Motion to Vacate Rule 16 Initial Scheduling Conference and Extend Deadlines. (cda)
January 21, 2021 Opinion or Order Filing 13 Unopposed MOTION to Extend (other) Initial Scheduling Order Deadlines by 30 Days and Vacate Rule 16 Scheduling Conference by Daniel Evans. (Brennan, Christina)
January 19, 2021 Opinion or Order Filing 12 STIPULATION of Dismissal as to Counts V and VI of Plaintiff's Complaint with Prejudice by Daniel Evans (Brennan, Christina)
January 11, 2021 Opinion or Order Filing 11 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)
January 7, 2021 Opinion or Order Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kea W. Riggs 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 Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
December 17, 2020 Opinion or Order Filing 8 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Rule 16 Initial Scheduling Conference set for 2/4/2021 at 02:15 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 1/28/2021. The parties are reminded that 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 1/6/2021. (ccp)
December 16, 2020 Opinion or Order 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 January 6, 2021 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. (glg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 16, 2020 Opinion or Order Filing 6 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts V and VI of Plaintiff's Complaint by Daniel Evans, New Mexico Department of Public Safety. (Standridge, Mark)
December 15, 2020 Opinion or Order Filing 5 **FILED IN ERROR** Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts V and VI of Plaintiff's Complaint by Daniel Evans, New Mexico Department of Public Safety. (Standridge, Mark) Modified on 12/17/2020 (dr).
December 9, 2020 Opinion or Order Filing 4 NOTICE by New Mexico Department of Public Safety re #1 Notice of Removal, of Written Consent to Removal (Standridge, Mark)
December 9, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Mark D Standridge on behalf of New Mexico Department of Public Safety (Standridge, Mark)
December 9, 2020 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa 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.] (dr)
December 9, 2020 Opinion or Order United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Laura Fashing assigned. (dr)
December 8, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL by Daniel Evans from First Judicial District Court, case number D-101-CV-2020-02220. ( Filing Fee - Online Payment), filed by Daniel Evans. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brennan, Christina)
December 8, 2020 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7444049 re #1 Notice of Removal, filed by Daniel Evans (Payment made via Pay.gov)(Brennan, Christina)

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Defendant: New Mexico Department of Public Safety
Represented By: Mark D Standridge
Represented By: Matthew Bullock
Represented By: Mark D. Jarmie
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Defendant: Daniel Evans
Represented By: Christina L Brennan
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Plaintiff: Lindsi M. Zumwalt
Represented By: Jeffrey W. Smith
Represented By: Paul Cohen
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