Vigil v. Keller et al
Plaintiff: Samuel Vigil
Defendant: Tim Keller, City of Albuquerque, Cody Tapie and Officer John Doe
Case Number: 1:2021cv00147
Filed: February 19, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Kirtan Khalsa
Referring Judge: Martha Vazquez
2 Judge: Steven C Yarbrough
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 7, 2021 Opinion or Order Filing 19 ORDER REGARDING DISCOVERY STAY by Magistrate Judge Kirtan Khalsa. For the reasons set forth in the Court's Order Vacating Initial Scheduling Order and Staying Discovery (Doc. 14), it is hereby ordered that discovery in this matter shall remain STAYED pending resolution of Defendants City of Albuquerque, Tim Keller and Cody Tapie's Motion to Dismiss Plaintiff's Amended Complaint (Doc. 17). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
April 6, 2021 Opinion or Order Filing 18 ORDER by District Judge Martha Vazquez FINDING AS MOOT #9 Motion to Dismiss for Failure to State a Claim. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gr)
April 2, 2021 Opinion or Order Filing 17 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Amended Complaint) by City of Albuquerque, Tim Keller, Cody Tapie. (Griffin, Stephanie)
March 26, 2021 Opinion or Order Filing 16 RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Samuel Vigil. (Gorence, Robert)
March 19, 2021 Opinion or Order Filing 15 AMENDED COMPLAINT for Damages against All Defendants. adding John Doe and John Doe., filed by Samuel Vigil. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gorence, Robert)
March 18, 2021 Opinion or Order Filing 14 ORDER VACATING INITIAL SCHEDULING ORDER AND STAYING DISCOVERY by Magistrate Judge Kirtan Khalsa. Defendants' Unopposed Motion for Stay of Discovery and Request for Entry of a Protective Order (Doc. 13) is granted. Discovery in this matter is stayed pending resolution of Defendants' Motion to Dismiss Plaintiff's Complaint for Damages (Doc. 9). The Court's Initial Scheduling Order (Doc. 7), and all hearings and deadlines set forth therein, including the Telephonic Rule 16 Initial Scheduling Conference previously set for 4/7/2021, are vacated. (kmt)
March 16, 2021 Opinion or Order Filing 13 Unopposed MOTION to Stay and for Entry of a Protective Order by City of Albuquerque, Tim Keller, Cody Tapie. (Griffin, Stephanie)
March 3, 2021 Opinion or Order Filing 12 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. 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
March 1, 2021 Opinion or Order Filing 11 PLEASE TAKE NOTICE that this case has been reassigned to United States 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. United States Magistrate Judge Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
February 26, 2021 Opinion or Order Filing 10 DEMAND for Trial by Jury by City of Albuquerque, Tim Keller, Cody Tapie (Griffin, Stephanie)
February 26, 2021 Opinion or Order Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Albuquerque, Tim Keller, Cody Tapie. (Griffin, Stephanie)
February 24, 2021 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 3/17/2021. The parties' Joint Status Report and Provisional Discovery Plan is due by 3/26/2021. A Telephonic Rule 16 Initial Scheduling Conference is set for 4/7/2021 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 4/1/2021. (glg)
February 24, 2021 Opinion or Order Filing 6 Filing Fee: $ 402, receipt number ALB049157 (snw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 19, 2021 Opinion or Order Filing 5 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.] (dr)
February 19, 2021 Opinion or Order Filing 4 Transmittal of State Court Documents by City of Albuquerque, Tim Keller, Cody Tapie (Griffin, Stephanie)
February 19, 2021 Opinion or Order Filing 3 NOTICE by City of Albuquerque, Tim Keller, Cody Tapie re #1 Notice of Removal, (Notice of Consent to Removal) (Griffin, Stephanie)
February 19, 2021 Opinion or Order Filing 2 NOTICE of Appearance by Stephanie M Griffin on behalf of City of Albuquerque, Tim Keller, Cody Tapie (Griffin, Stephanie)
February 19, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Cody Tapie, City of Albuquerque, Tim Keller from Second Judicial District Court of New Mexico, case number D-202-CV-2021-00480. ( Filing Fee - Deliver Payment), filed by Cody Tapie, City of Albuquerque, Tim Keller. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Griffin, Stephanie)
February 19, 2021 Opinion or Order United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Kirtan Khalsa assigned. (dr)

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Defendant: Tim Keller
Represented By: Stephanie M Griffin
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Defendant: City of Albuquerque
Represented By: Stephanie M Griffin
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Defendant: Cody Tapie
Represented By: Stephanie M Griffin
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Defendant: Officer John Doe
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Plaintiff: Samuel Vigil
Represented By: Robert J. Gorence
Represented By: Jason Bowles
Represented By: Todd J. Bullion
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