Berry et al v. Saiz et al
Plaintiff: Penny Berry doing business as Team Berry Incorporated, A Virginia Corporation and Don Berry doing business as Team Berry Incorporated, A Virginia Corporation
Defendant: Larry Saiz and Saiz Trucking and EarthMoving
Case Number: 1:2021cv00216
Filed: March 11, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Kirtan Khalsa
Referring Judge: Martha Vazquez
2 Judge: Gregory B Wormuth
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2021 Filing 19 Remand Letter by U.S. District Court for the District of New Mexico to the Second Judicial District Court of New Mexico, Bernalillo County. (gr)
May 4, 2021 Opinion or Order Filing 18 STIPULATED ORDER ON PLAINTIFFS' MOTION TO REMAND by District Judge Martha Vazquez GRANTING #5 Motion to Remand. IT IS THEREORE ORDERED that Plaintiff's Motion to Remand [Doc. #5 ] is GRANTED and this case is hereby REMANDED to New Mexico's Second Judicial District Court, Bernalillo County. (gr)
May 3, 2021 Opinion or Order Filing 17 ORDER VACATING INITIAL SCHEDULING CONFERENCE by Magistrate Judge Kirtan Khalsa. The parties having informed the Court that they have stipulated to the remand of this matter to state court, the Court hereby VACATES the Telephonic Rule 16 Initial Scheduling Conference previously set for 5/4/2021 at 11:30 a.m. before Judge Khalsa (Doc. 13). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tl)
May 3, 2021 Filing 16 Unopposed MOTION to Withdraw as Attorney Motion to Withdraw as Counsel by Larry Saiz, Saiz Trucking and EarthMoving. (Roybal-Mack, Antonia)
April 16, 2021 Filing 15 CERTIFICATE OF SERVICE by Don Berry Plaintiffs' Initial Disclosures (Sanders, Steven)
April 15, 2021 Filing 14 Clerk's Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Telephonic Rule 16 Scheduling Conference held on 4/15/2021. (tl)
April 15, 2021 Opinion or Order Filing 13 ORDER RESETTING TELEPHONIC RULE 16 INITIAL SCHEDULING CONFERENCE by Magistrate Judge Kirtan Khalsa. The Telephonic Rule 16 Initial Scheduling Conference previously set for 4/15/2021 at 10:30 a.m. is RESET to 5/4/2021 at 11:30 a.m. 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. All other provisions of the Court's Initial Scheduling Order filed 3/12/2021 (Doc. 3) remain in effect. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tl)
April 15, 2021 Filing 12 NOTICE of Appearance by Meena H Allen on behalf of Larry Saiz, Saiz Trucking and EarthMoving (Allen, Meena)
April 13, 2021 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 Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
April 8, 2021 Filing 10 Joint Status Report Amended Joint Status Report and Provisional Discovery Plan by Larry Saiz, Saiz Trucking and EarthMoving (Nelson, Amelia)
April 8, 2021 Filing 9 NOTICE by Larry Saiz, Saiz Trucking and EarthMoving Defendants' Initial Disclosures (Nelson, Amelia)
April 6, 2021 Filing 8 RESPONSE in Opposition re #5 MOTION to Remand Defendants' Response in Opposition to Motion for Remand and Sanctions filed by Larry Saiz, Saiz Trucking and EarthMoving. (Attachments: #1 Exhibit Exhibit A) (Nelson, Amelia)
April 6, 2021 Filing 7 Joint Status Report Joint Status Report and Provisional Discovery Plan by Larry Saiz, Saiz Trucking and EarthMoving (Nelson, Amelia)
March 30, 2021 Filing 6 Answer to Plaintiffs' Complaint ANSWER to Complaint (Notice of Removal) by Larry Saiz, Saiz Trucking and EarthMoving. (Nelson, Amelia)
March 22, 2021 Filing 5 MOTION to Remand by Don Berry. (Attachments: #1 Exhibit, #2 Exhibit) (Sanders, Steven)
March 12, 2021 Filing 4 Filing fee: $ 402.00, receipt number ANMDC-7586764. (cmm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 12, 2021 Opinion or Order Filing 3 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 3/24/2021. The parties' Joint Status Report and Provisional Discovery Plan is due by 4/5/2021. A Telephonic Rule 16 Initial Scheduling Conference is set for 4/15/2021 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 4/9/2021. (glg)
March 11, 2021 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth 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)
March 11, 2021 Filing 1 NOTICE OF REMOVAL by All Defendants Notice of Removal from Second Judicial District Court, Bernalillo County, case number D-202-CV-2021-00423. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, Summons & Complaint for Damages, #2 Civil Cover Sheet Civil Cover Sheet)(Nelson, Amelia)
March 11, 2021 United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kirtan Khalsa assigned. (jg)

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Plaintiff: Penny Berry doing business as Team Berry Incorporated, A Virginia Corporation
Represented By: Eddie R Meintzer
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Plaintiff: Don Berry doing business as Team Berry Incorporated, A Virginia Corporation
Represented By: Eddie R Meintzer
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Defendant: Larry Saiz
Represented By: Antonia Roybal-Mack
Represented By: Amelia P Nelson
Represented By: Kerri Lee Allensworth
Represented By: Meena H Allen
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Defendant: Saiz Trucking and EarthMoving
Represented By: Antonia Roybal-Mack
Represented By: Amelia P Nelson
Represented By: Kerri Lee Allensworth
Represented By: Meena H Allen
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