Mosteller v. Dollar Trees Stores, Inc.
Plaintiff: Frances Mosteller
Defendant: Dollar Trees Stores, Inc.
Case Number: 1:2020cv01316
Filed: December 18, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Kirtan Khalsa
Referring Judge: Stephan M Vidmar
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2021 Opinion or Order Filing 20 ORDER VACATING AND RESETTING TELEPHONIC PRE-SETTLEMENT STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. The telephonic pre-settlement status conference currently set for Monday, May 3, 2021 at 9:30 a.m. is HEREBY vacated and reset for Monday, May 3, 2021 at 4:00 p.m. All other deadlines and hearings as set forth in the Court's Order Setting Rule 16 Settlement Conference, (Doc. 17), remain in effect. IT IS SO ORDERED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (glg)
February 19, 2021 Filing 19 CERTIFICATE OF SERVICE by Dollar Trees Stores, Inc. Responses and Requests (Johnson, James)
February 16, 2021 Filing 18 NOTICE of Appearance by Edmund M Kennedy on behalf of Dollar Trees Stores, Inc. (Kennedy, Edmund)
January 28, 2021 Opinion or Order Filing 17 ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. A Rule 16 Settlement Conference is set for 5/10/2021 at 9:30 AM via Zoom videoconferencing before Judge Khalsa. A Telephonic Pre-Settlement Status Conference is set for 5/3/2021 at 9:30 AM before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Plaintiff's demand letter is due by 4/12/2021. Defendant's counteroffer letter is due by 4/26/2021. The parties' confidential position statements are due to the Court by 4/28/2021. (glg)
January 26, 2021 Opinion or Order Filing 16 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Plaintiff to seek leave to join and amend by 4/26/2021. Defendant to seek leave to join and amend 5/10/2021. Plaintiff's expert disclosures due by 6/18/2021. Defendant's expert disclosures due by 7/19/2021. Discovery due by 8/20/2021. Discovery motions due by 9/9/2021. Pretrial motions due by 9/20/2021. Proposed Pretrial Order due from Plaintiff to Defendant by 12/6/2021 and from Defendant to the Court by 12/20/2021. (glg)
January 26, 2021 Filing 15 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Rule 16 Initial Scheduling Conference held on 1/26/2021. (glg)
January 21, 2021 Filing 14 NOTICE of Appearance by James Ryan Johnson on behalf of Dollar Trees Stores, Inc. (Johnson, James)
January 21, 2021 Filing 13 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 7 Consent to Proceed Before a U.S. Magistrate Judge filed by Frances Mosteller, & 12 Consent to Proceed Before a U.S. Magistrate Judge filed by Dollar Trees Stores, Inc.. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rh)
January 20, 2021 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), Dollar Trees Stores, Inc. voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Najjar, Jared)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 15, 2021 Filing 11 Joint Status Report and Provisional Discovery Plan by Dollar Trees Stores, Inc. (Najjar, Jared)
January 13, 2021 Filing 10 ***FILED IN ERROR: Petition for Admission Pending*** ASSOCIATION of Attorney Licensed Outside the District for Defendant Dollar Trees Stores, Inc. by Jared Daniel Albert Najjar on behalf of: James Ryan Johnson Hall & Evans, LLP 1001 17th Street, Suite 300Denver, CO 80202 303-628-3300 Fax 303-628-3368 johnsonr@hallevans.com (Association Dues - Online Payment) (Najjar, Jared)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 1/14/2021 (jg).
January 13, 2021 ***REFUND REQUESTED*** Association Dues Received: $ 100 receipt number ANMDC-7494931 re: # 10 Association of Attorney Licensed Outside the District, filed by Dollar Trees Stores, Inc. (Payment made via Pay.gov)(Najjar, Jared) Modified on 1/14/2021 (jg).
January 8, 2021 Filing 9 NOTICE OF IMPENDING REASSIGNMENT: 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 January 20, 2021. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (rh)
January 5, 2021 Filing 8 CERTIFICATE OF SERVICE by Frances Mosteller Plaintiff's Rule 26 Initial Disclosures (Whitsell, Aimee)
December 28, 2020 Filing 7 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Frances Mosteller voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Whitsell, Aimee)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 28, 2020 Filing 6 DEMAND for Trial by Jury by Frances Mosteller (Whitsell, Aimee)
December 28, 2020 Filing 5 ANSWER to Complaint (Notice of Removal) by Dollar Trees Stores, Inc.. (Najjar, Jared)
December 21, 2020 Opinion or Order Filing 4 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 1/5/2021. The parties' Joint Status Report and Provisional Discovery Plan is due by 1/15/2021. A Telephonic Rule 16 Initial Scheduling Conference is set for 1/26/2021 at 9:30 AM before Judge Khalsa. Counsel are to call the Court's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the 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 1/20/2021. (glg)
December 18, 2020 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Stephan M. Vidmar 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)
December 18, 2020 Filing 2 Corporate Disclosure Statement by Dollar Trees Stores, Inc. identifying Corporate Parent Dollar Tree Stores, Inc. for Dollar Trees Stores, Inc.. (Najjar, Jared)
December 18, 2020 Filing 1 NOTICE OF REMOVAL by Dollar Trees Stores, Inc. from THIRTEENTH JUDICIAL DISTRICT, COUNTY OF VALENCIA, case number D-1314-CV-2020-00994. ( Filing Fee - Online Payment), filed by Dollar Trees Stores, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Najjar, Jared)
December 18, 2020 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7461849 re #1 Notice of Removal, filed by Dollar Trees Stores, Inc. (Payment made via Pay.gov)(Najjar, Jared)
December 18, 2020 United States Magistrate Judge Stephan M. Vidmar and United States Magistrate Judge Kirtan Khalsa assigned. (arp)

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Plaintiff: Frances Mosteller
Represented By: Aimee Martuccio Whitsell
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Defendant: Dollar Trees Stores, Inc.
Represented By: Jared Daniel Albert Najjar
Represented By: James Ryan Johnson
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