Eye Associates of New Mexico, LTD. et al v. The Cincinnati Insurance Company et al
Plaintiff: EYE SURGERY CENTERS OF NM, LLC, EYE ASSOCIATES OF NEW MEXICO, LTD. and PECOS VALLEY EYE SURGERY CENTER, LLC
Defendant: Erica N Johnson and The Cincinnati Insurance Company
Case Number: 1:2021cv00076
Filed: January 28, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Steven C Yarbrough
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2021 Filing 19 NOTICE of Appearance by Mark D. Jarmie on behalf of All Defendants (Jarmie, Mark)
March 9, 2021 Filing 18 NOTICE of Briefing Complete by All Plaintiffs re #8 MOTION to Remand to State Court Plaintiffs' Motion and Memorandum In Support of Remand to State Court and for Attorney's Fees filed by Pecos Valley Eye Surgery Center, LLC, Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC (Hanson, Robert)
March 9, 2021 Filing 17 REPLY to Response to Motion re #8 MOTION to Remand to State Court Plaintiffs' Motion and Memorandum In Support of Remand to State Court and for Attorney's Fees filed by Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC, Pecos Valley Eye Surgery Center, LLC. (Hanson, Robert)
March 8, 2021 Filing 16 NOTICE of Briefing Complete by Erica N Johnson, The Cincinnati Insurance Company re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Cincinnati Insurance Company, Erica N Johnson (Velardo, Vincent)
March 4, 2021 Filing 15 REPLY to Response to Motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erica N Johnson, The Cincinnati Insurance Company. (Attachments: #1 Exhibit Index of Favorable Authorities) (Velardo, Vincent)
February 25, 2021 Filing 14 RESPONSE in Opposition re #8 MOTION to Remand to State Court Plaintiffs' Motion and Memorandum In Support of Remand to State Court and for Attorney's Fees filed by Erica N Johnson, The Cincinnati Insurance Company. (Velardo, Vincent)
February 18, 2021 Filing 13 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC, Pecos Valley Eye Surgery Center, LLC. (Attachments: #1 Exhibit 1) (Hanson, Robert)
February 16, 2021 Opinion or Order Filing 12 ORDER by Magistrate Judge Laura Fashing. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order at this time due to the pending dispositive motions (Docs. 4, 8). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp)
February 16, 2021 Filing 11 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 10 Consent to Proceed Before a U.S. Magistrate Judge, filed by The Cincinnati Insurance Company, Erica N Johnson, 9 Consent to Proceed Before a U.S. Magistrate Judge,, filed by Pecos Valley Eye Surgery Center, LLC, Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
February 15, 2021 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), Erica N Johnson, The Cincinnati Insurance Company voluntarily consent(s) to have United States Magistrate Judge Steven C. Yarbrough conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Velardo, Vincent)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 11, 2021 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), Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC, Pecos Valley Eye Surgery Center, LLC voluntarily consent(s) to have United States Magistrate Judge Steven C. Yarbrough conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Hanson, Robert)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 11, 2021 Filing 8 MOTION to Remand to State Court Plaintiffs' Motion and Memorandum In Support of Remand to State Court and for Attorney's Fees by Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC, Pecos Valley Eye Surgery Center, LLC. (Hanson, Robert)
February 11, 2021 Filing 7 Plaintiffs' RESPONSE to Sua Sponte Order Regarding Citizenship re #6 Order filed by Eye Associates of New Mexico, LTD., Eye Surgery Centers of NM, LLC, Pecos Valley Eye Surgery Center, LLC. (Attachments: #1 Exhibit 1) (Hanson, Robert)
February 5, 2021 Opinion or Order Filing 6 ORDER by Magistrate Judge Laura Fashing. Response due 2/26/2021. (cda)
February 5, 2021 Filing 5 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. (cm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 4, 2021 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Erica N Johnson, The Cincinnati Insurance Company. (Velardo, Vincent)
January 29, 2021 Filing 3 Corporate Disclosure Statement by Erica N Johnson, The Cincinnati Insurance Company (Velardo, Vincent)
January 29, 2021 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough 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.] (jg)
January 29, 2021 United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Laura Fashing assigned. (jg)
January 28, 2021 Filing 1 NOTICE OF REMOVAL by The Cincinnati Insurance Company, Erica N Johnson from Second Judicial District, County of Bernalillo, case number D-202-cv-2020-06851. ( Filing Fee - Online Payment), filed by The Cincinnati Insurance Company, Erica N Johnson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Velardo, Vincent)
January 28, 2021 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7518384 re #1 Notice of Removal, filed by The Cincinnati Insurance Company, Erica N Johnson (Payment made via Pay.gov)(Velardo, Vincent)

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Plaintiff: EYE SURGERY CENTERS OF NM, LLC
Represented By: Robert E. Hanson
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Plaintiff: EYE ASSOCIATES OF NEW MEXICO, LTD.
Represented By: Robert E. Hanson
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Plaintiff: PECOS VALLEY EYE SURGERY CENTER, LLC
Represented By: Robert E. Hanson
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Defendant: Erica N Johnson
Represented By: Vincent J Velardo
Represented By: Mark D. Jarmie
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Defendant: The Cincinnati Insurance Company
Represented By: Vincent J Velardo
Represented By: Mark D. Jarmie
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